This single-bench criminal bail application was filed by Mohit accused under Sections 302 and 120-B IPC in a murder case. The court allowed bail, citing fit case status and parity with a co-accused already on bail, imposing standard bond conditions.
Applicant released on bail on executing personal bond and furnishing two sureties each.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38394 of 2020
Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A.,Pankaj Bharti
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Pankaj Bharti, learned counsel for the complainant and the learned A.G.A.
This is a bail application on behalf of the applicant Mohit in connection with Case Crime No.850 of 2019, under Sections 302, 120-B I.P.C., P.S. Kotwali Shamli, district Shamli.
The prosecution case, as per the first information report which was registered by Smt. Anju on 25.5.2019 at about 22:00 hrs, is that on 25.5.2019 at about 19:00 hrs, Vineshpal, Rachit, Montu @ Ayush and Sunil fired upon her husband Siyanand, as a result of which, he received injuries and died. It was further alleged in the first information report that Vinod and Mohit had conspired for the said murder and had got the same done by the four named accused persons who have been assigned the role of firing.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the co-accused Vinod has been admitted to the concession of bail by another Bench of this Court by order dated 07.02.2020 passed in Criminal Misc. Bail Application No.4902 of 2020, copy whereof has been annexed on page no.63 of the paper book and the role assigned to the applicant is similar to the role of the other co-accused, who has already been enlarged on bail. He claims parity. He submitted that the applicant is languishing in jail since 25.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. have opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused Vinod has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Mohit involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.11.2020 R./
1 issue framed by the court
Whether the case is fit for bail considering the gravity of the offence and the parity with a co-accused already on bail?
Mohit
Ajit Singh
As recorded by the court registry
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