Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30713 of 2019 Applicant :- Aashish Pasi Alias Pulla Pasi Opposite Party :- State Of U.P.
Counsel for Applicant :- Manu Sharma,Navin Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely Sandip @ Ragghu and Ashish @ Pullu alleging that on 20.1.2019 they killed Pradeep by shot fire. According to postmortem report, only one gunshot injury was found on chest of deceased. Countrymade pistol used in the crime was recovered at the pointing out of co-accused Sandip @ Ragghu.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Statement of one witness Jitendra Pasi @ Adal was recorded, he clearly stated that accused Ashish caught hold Pradeep and accused Ragghu shot fire at Pradeep. Countrymade pistol used in the crime was recovered at the pointing out of co-accused Sandip @ Ragghu. The role of the applicant was extended to catching hold only. Main role of firing was assigned to co-accused Sandip @ Ragghu. The case of applicant is distinguishable from co-accused Sandip @ Ragghu. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 21.1.2019 (more than six 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.
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 Aashish Pasi Alias Pulla Pasi involved in Case Crime No. 57 of 2019, under Section 302 IPC, Police Station Dhoomanganj, District Prayagraj 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 :- 31.7.2019 A. Singh