Narendra @ Changa vs State Of U.P.
2019 Latest Caselaw 3675 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17919 of 2019
 

 
Applicant :- Narendra @ Changa
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Gaurav Kakkar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

According to prosecution case, FIR was lodged against four accused persons namely Vikendra @ Gauri, Narendra @ Chhanga, Lokendra @ Bhoora and Kavindra alleging that on 14.9.2018 they shot fire at Jitendra Singh, he received one gun shot injury, resultantly died. Main role of firing was assigned to co-accused Vikendra @ Gauri. Learned counsel for the applicant submits that applicant has not caused any injury to the deceased. He has falsely been implicated in the present case. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Lokendra @ Bhoora having identical role has already been released on bail by another bench of this court vide order dated 25.2.2019 in Criminal Misc. Bail Application No. 7733 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 47 of the affidavit filed in support of bail application. The applicant is in jail since 25.3.2019.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Lokendra @ Bhoora having identical role has already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Narendra @ Chhanga involved in Case Crime No. 756 of 2018, under section 452, 302, 307, 120B, 504, 506 IPC, P.S. Jani, District Meerut be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 29.4.2019

Masarrat