Allahabad High Court
Amardeep @ Gijju vs State Of U.P. on 10 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19738 of 2019
Applicant :- Amardeep @ Gijju
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Yogendra Pal Singh, learned counsel filed Vakalatnama on behalf of complainant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged against 9 persons including the applicant. In FIR the role of firing has been assigned to co-accused Prashant Pariya @ Ishu, Tara Chand Pariya @ Horam, Vijay @ Bhandu, Rohit, Amit @ Kancha, Ravi, Mohit and Arvind Pariya. The allegation of hatching conspiracy has been levelled against the applicant. It has further been submitted that prior to this incident murder of one Gopi Chand was committed by the deceased Ashish. The applicant has no concern with Gopi Chand and his family members and in the murder case of Gopi Chand the applicant was neither informant nor witness. There was no motive to the applicant to commit the alleged offence. There is no cogent evidence with regard to conspiracy. The applicant had not caused any injury to the deceased. The applicant has falsely been implicated in the present case only on the basis of suspicion. The co-accused Anshul Anand against whom the allegation of hatching conspiracy has also been levelled, has already been released on bail by another bench of this court vide order dated 28.2.2019 in Criminal Misc. Bail Application No. 8783 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 24.12.2018.
Per contra; learned counsel for the complainant as well as learned A.G.A. have opposed the prayer for bail and argued that deceased Ashish has committed the murder of one Gopi Chand. The applicant is the friend of Gopi Chand due to which the applicant had got murdered the deceased by other co-accused in a planned manner. It has further been submitted that applicant is named in the FIR and he has committed the alleged offence, therefore, he is not entitled for 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 Amardeep @ Gijju involved in Case Crime No. 1381 of 2018, under section 147, 148, 149, 302, 307, 120B IPC, P.S. Kankarkhera, 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 :- 10.5.2019
Masarrat
