Application for bail allowed. Court held that the fit case test is satisfied for an applicant with no criminal history, not named in the FIR, and facing a charge of culpable homicide and conspiracy.
Bail granted subject to furnishing a personal bond and two sureties.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8783 of 2019
Applicant :- Anshul Anand Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against nine accused persons, namely, Prashant Pariya @ Ishu, Tarachand Pariya, Vijay @ Bhandu, Rohit, Amit @ Kancha, Ravi, Mohit, Arvind Pariya and Amardeep @ Gijju alleging that on 15.12.2018, they were made indiscriminate firing on Ashish and he received seven injuries and died. Later on, they were arrested by the Police personal including the applicant. Except Tarachand, country made pistols were recovered from the possession of all the accused.
Learned counsel for the applicant submitted that applicant is languishing in jail since 21.12.2018 (more than two months) having no criminal history. The applicant is not named in the F.I.R. The role of the applicant is extended upto conspiracy only. The name of the applicant was disclosed later on after thought and with due legal consultation due to previous enmity. There is no legal evidence against the applicant. No recovery was made at the pointing out of the applicant. No specific role has been assigned to the applicant. General role has been assigned to the applicant. Tthe applicant is innocent and has been falsely implicated in the present case. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and not named in the FIR.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Anshul Anand involved in Case Crime No. 1381 of 2018, under Section 302, 120-B IPC, Police StationKankarkhera, District-Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2019 OP
2 issues framed by the court
Whether bail should be granted to an applicant charged with murder and conspiracy not named in the FIR.
Whether the applicant's lack of criminal history and limited role justify release on bail.
2 provisions across 2 enactments
Anshul Anand
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
