The single judge granted bail to the applicant in a murder case, relying on the bail order passed for a co-accused under the doctrine of parity, subject to standard conditions.
The applicant was released on bail subject to a personal bond and two sureties complying with specified conditions regarding attendance and conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56560 of 2019 Applicant :- Vinay @ Bajrang Opposite Party :- State of U.P. Counsel for Applicant :- R.S. Maurya Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Shri R.S. Maurya, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by Vinay @ Bajrang in Case Crime No. 219 of 2019, under section 302, 201, 147, 120-B, 394 IPC, Police Station Kankar Khera, District Meerut.
The submission of the learned counsel is that the F.I.R. has been lodged on 23.03.2019 without mentioning any date of incident as the dead body was found half burnt in a field, subsequently during investigation evidence came to the effect that the deceased went with the accused applicant and other accused persons on 21.03.2019, it was a day of Holi festival and therefore, it was thought by the mother of the deceased that they had gone to celebrate Holi festival, thereafter, the dead body was recovered and in between the deceased was not seen by anybody.
The submission of the learned counsel is that the prosecution version is based on last seen evidence, as the mother of the deceased was examined by the I.O., who saw the deceased going with the accused persons and one witness Amit Kumar saw them taking liquor on the tube well, this fact was conveyed by Amit to the mother of the deceased and on that basis she believed that the accused persons have committed murder of her son. Further submission is that co-accused Ishu has been granted bail by another Bench of this Court vide order dated 28.11.2019 in Criminal Misc. Bail Application No. 43601 of 2019, in view of this, applicant is also entitled for bail on the ground of parity. Further submission is that applicant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant is languishing in jail since 27.03.2019 and undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer. He has however conceded that charge-sheet has been filed by the police after investigation against the accused persons.
Having heard the submission of learned counsel of both sides, considering the fact that co-accused has been granted bail and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Vinay @ Bajrang be released on bail in Case Crime No. 219 of 2019, under Sections 302, 201, 147, 120-B, 394 IPC, Police Station Kankar Khera, District Meerut, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2019
Bhanu
1 issue framed by the court
Whether the applicant is entitled to bail in a murder case where a co-accused is already on bail.
Vinay @ Bajrang
State of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
