Vakaltanama filed by Mr. Amar Singh, Advocate on behalf of the complainant is taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and learned counsel for the complainant, and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.585 of 2020, under Sections 147, 148, 302, 323, 341, 458, 34 I.P.C., Police Station Pihani, District Hardoi, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that as per the prosecution case, the informant was chased by the accused persons and injury was caused to him by one of the co-accused by giving a blow of iron rod. Thereafter, he ran with intention to save his life and entered into the house, and accused persons who were armed with iron rod, lathi, danda & pistol also entered into the house, and when they did not find the informant, they went on the roof and shot his nephew Anurag Yadav who was sleeping there.
Learned counsel for the applicant has further submitted that general allegations have been levelled against all the accused persons and no one has seen the incident that he caused the injury either to the informant or to the deceased. Later on, in the stereo type confessional statements of the applicant and co-accused were recorded by the Investigating Officer after taking them into custody and in the statement of co-accused, the role of firing is assigned to the applicant.
Learned counsel for the applicant has further submitted that confessional statement of the co-accused is not admissible and he also submitted that other co-accused persons namely Ajeet, Vimlesh Singh, Anoop @ Mannu, Bablu @ Jainish have already been granted bail by this Court in Bail Application Nos. 3575 of 2021, 3963 of 2021, 5604 of 2021 and 3984 of 2021 respectively (bail orders are appended as annexure No.8 to the bail application collectively). He also submitted that the applicant does not have any criminal antecedent and he is in jail since 26.10.2020. He also submitted that charge sheet has already been filed and the trial is not going on. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the applicant and submitted that in the confessional statement of the co-accused, the role of firing is assigned to the applicant, but they do not dispute this fact that except the confessional statement of the co-accused, there is no any evidence available against the applicant.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity as well as totality of fact and circumstances of the case and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Akhilesh @ Ramlakhan - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 17.8.2021 S. Shivhare