Allahabad High Court
Prabhujeet @ Sagar vs State Of U.P. on 3 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18750 of 2019
Applicant :- Prabhujeet @ Sagar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava
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 the prosecution case, FIR was lodged on 13.11.2018 at 17.19 hours against two accused persons, namely Jahagir and Imroz alleging that on 1.11.2018 [email protected] Payal, sister of the complainant, 21 years of age was last seen with Jahagir and his friend Imroz on scooty and on the pointing out of Jahagir the dead body was recovered on 20.11.2018. During investigation, the name of Prabhajit @ Sagar (applicant), Tahir and Danish was surfaced. With the conspiracy of these persons the incident was done. Extra Judicial confession was made before two persons namely, Murtaza and Khan Kamal Pasa by co-accused Tahir and Danish. It has further been submitted that the applicant is friend of co-accused Jahagir. There is allegation of hatching conspiracy against the applicant. The applicant has no concern with the alleged incident and he has no knowledge about the alleged occurrence. There is no cogent evidence with regard to the conspiracy. It has further been submitted that co-accused Tahir Khan and Danish having identical role have already been released on bail by this court and by another bench of this Court vide orders dated 26.4.2019 and 26.3.2019 in Criminal Misc. Bail Application No. 17555 of 2019 and 11764 of 2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 23.11.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Tahir Khan and Danish having identical role have 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 Prabhujeet @ Sagar involved in Case Crime No. 628 of 2018, under section 364, 302/34, 201, 120B IPC, P.S. Ganj, District Rampur 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 :- 3.5.2019
Masarrat
