Allahabad High Court
Shoyeb @ Neta vs State Of U.P. on 30 March, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13130 of 2019
Applicant :- Shoyeb @ Neta
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Belal,Rajnish Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri K.P. Tiwari, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 19.6.2018 they killed Harsh Chauhan. Later on, the name of Golu Madari, Akram, Body @ Sandeep, Soib @ Neta, Raju, Ankit @ Jajbi, Bittu @ Chandan and Kalu was surfaced. Specific role was assigned to co-accused Golu Madari, Akram, Body @ Sandeep. One countrymade pistol was recovered from the possession of co-accused Body @ Sandeep.
It is submitted by learned counsel for the applicant that co-accused namely Chandan Alias Bittu, Kalu, Ankit @ Jajvi, Akram and Raju have already been granted bail by this Court vide order dated 26.10.2018, 17.12.2018 and 27.2.2019 in Criminal Misc. Bail Application Nos. 40163 of 2018, 44541 of 2018, 48036 of 2018 and 8519 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There are general allegations against the applicant. Applicant was not named in the F.I.R. During investigation, the name of the applicant was disclosed. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 21.6.2018 (more than nine months) having no criminal history 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 the case of present applicant is identical to co-accused Chandan Alias Bittu, Kalu, Ankit @ Jajvi, Akram and Raju who have been enlarged on bail.
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 applicant Shoyeb @ Neta involved in Case Crime No. 891 of 2018, under Sections 147, 148, 149, 302/34 IPC, Police Station Vijay Nagar, District Ghaziabad 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.
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 :- 30.3.2019
A. Singh
