Hon'ble Abhai Kumar, J.
Heard Sri Dileep Kumar, Sri Rajrshi Gupta, learned counsel for the appellant and Sri Alok Sharma, appearing on behalf of the complainant, and Sri A. K. Awasthi, learned A.G.A for the State.
Learned counsel for the applicant stated that the trial court completely lost sight of the fact that in the first information report as well as the statement made under Section 161 Cr.P.C the role of firing has been categorically attributed to co-accused Ashu, wherein the appellant alongwith the co-accused Anshu were assigned the role of wielding brickbats. Accused Ashu was subsequently done to death by the complainant party and at the stage of trial, the prosecution took a somersault and changed its entire story, stating that the role of firing was done by co-accused Anshu. This factum has been completely overlooked by the Court below and despite the fact that the prosecution case has been changed at the belated stage being well aware of the fact that the co-accused Ashu is no more thereby changing the role of firing to Anshu and the Trial Court committed gross illegality in holding the conviction as against the appellant. Hence the case of Agni is distinguishable from that of co-accused. As per the criminal history was concerned, he was falsely implicated. Hence the applicant is entitled to be enlarged on bail. He is in jail since 08.12.2015.
Learned A.G.A and counsel for the complainant vehemently opposed the prayer for bail.
Considered the submission.
In view of the allegations and facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the merit of the case.
Let the applicant - Agni involved in S.T No. 1112 of 2003 - State Vs. Anshu & another, convicting the appellant under Sections 307/34 I.P.C, vide judgement and order dated 18.12.2015, passed by Additional Sessions Judge, Court No. 7, Shahjahanpur (arising out from Case Crime No. 516 of 1997, Police Station - Sadar Bazar, District - Shahjanapur), be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 25.05.2016.
Vinod.