Single judge allowed bail to the applicant in a Section 302 IPC murder case, noting that a similarly placed co-accused was previously released on bail by a coordinate bench.
Grant of bail on furnishing a personal bond and two local sureties subject to conditions of not tampering with evidence or influencing witnesses.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16170 of 2023
Applicant :- Danish @ Arman Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey,Anand Prakash Dubey,Krishna Kant Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed on behalf of applicant in Case Crime No. 128 of 2019, under Section 302 I.P.C., Police Station Tronica City, District Ghaziabad, with the prayer to enlarge the applicant on bail.
It is contended by learned counsel for applicant that applicant is innocent and has been falsely implicated in the present case. It is submitted that applicant is not named in the first information report. The name of the applicant was disclosed on the basis of statement of co-accused Gullu @ Rahan @ Majid. It is further submitted that co-accused Gullu @ Rahan @ Majid has already been enlarged on bail by Co-ordinate Bench of this court vide order dated 05.07.2022, passed in Criminal Misc. Bail Application No. 12464 of 2022, copy of which has already been annexed with this bail application. It is also contended by learned counsel for the applicant that no recovery of any incriminating article has been made on the pointing or out of possession of the applicant. No motive has been assigned to the applicant to commit the crime. It is further submitted that criminal history of two cases has been shown against the applicant which has been explained in paragraph 2 of the supplementary affidavit. It was submitted that co-accused Gullu @ Rahan @ Majid has also criminal history of one case,
who has already been enlarged on bail by Co-ordinate Bench of this Court. Learned counsel for applicant lastly submits that applicant is languishing in jail since 27.05.2019 and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Per contra learned A.G.A. vehemently opposed the prayer for bail but could not dispute the aspect that similarly placed co-accused Gullu @ Rahan @ Majid has already been enlarged on bail.
Considering the submissions made by learned counsel for applicant as well as learned A.G.A. and without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed .
Let applicant, Danish @ Arman , involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
(1). The applicant will not tamper with the prosecution evidence during the trial.
(2). The applicant will not influence any witness.
(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4). 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 3.5.2023 Suraj
Digitally signed by :- SURAJ YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a murder case where a co-accused has been released on bail.
1 provisions across 1 enactments
Danish @ Arman
Mayank Kumar Jain
Suraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
