In a criminal bail application for murder, the Court allowed the bail plea, holding that the applicant's case is on similar footing to co-accused who have already been granted bail by a coordinate bench, with no established complicity or recovered evidence.
Applicant Deepu @ Deepak released on bail subject to furnishing personal bond and two sureties each.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21230 of 2021
Applicant :- Deepu @ Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Bhartendu Pathak,Akhilesh Kumar Pandey,Anil Kumar Tiwari,Kaushal Kishor,Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted that in this case the applicant was not named in the F.I.R. The dead body of deceased Sanjay was recovered in the forest by the police on the basis of information given by the village Pradhan. After inquest post mortem was got done. During investigation, the brother of deceased Bablo and other co-accused Ravinder were arrested. In their confessional statement, the name of this present applicant surfaced. Further submitted that there is nothing on record to point out the complicity of this applicant in the commission of murder of the deceased. Nothing has been recovered from the possession or at the instance of this applicant. Co-accused persons namely Bablu and Ravindra have already been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No.1772 of 2022 dated 10.3.2022 and Crl. Misc. Bail Application No.28997 of 2021 dated 11.4.2022. The case of applicant is on similar footing to that of co-accused. The applicant is in jail since 5.2.2021 as having no any criminal antecedent. In case he is released on bail, he will not misuse the liberty of bail. Therefore, requested for bail.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, nature of allegation and evidence on record and the fact that coaccused persons have already been granted bail by coordinate Bench of this Court and the case of this applicant is on similar footing to that of co-accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .
Let the applicant -Deepu @ Deepak , involved in Case
Crime No.4 of 2021, under Sections 302, 201, 34 I.P.C, P.S. Garhipukhta, District Shamli 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.
1.The applicant will not tamper with the evidence during the trial.
s5. 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 prosecution shall be at liberty to move bail cancellation application before this Court
Order Date :- 2.8.2022 G.S
Digitally signed by GHAN SHYAM Date: 2022.08.04 17:48:47 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail given the nature of allegations and that co-accused persons have already been granted bail.
Whether the case of the applicant is on similar footing to that of the co-accused persons.
3 provisions across 1 enactments
Deepu @ Deepak
State of U.P.
Sharma, Subhash Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
