Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39170 of 2019 Applicant :- Akshay Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.,A.C.Srivastava,Anjani Kumar Raghuvanshi,Mayank Yadav
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Akshay, Sanni, Ankit, Moti and Bhanu alleging that on 17.4.2019, they shot indiscriminate firing at Dependra @ Dippan (brother-in-law of complainant) and Pratham. Dependra @ Dippan received nine gunshot injuries, resultantly died. Pratham received injury on his leg. Countrymade pistols used in the crime were recovered at the pointing out of each accused namely, Sanni, Ankit, Moti and Bhanu and nine empty cartridges used in the crime were recovered from the place of occurrence.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is cross case in case crime no. 511 of 2019, including Section 307 IPC. It was a case of sudden fight and incident has taken place in spur of moment, applicant's side applicant and Ankit have also received injuries. Applicant received two gun shot injuries on his stomach. According to report of Jail Superintendent, Ghaziabad dated 5.9.2019, applicant is suffering from colostomy and to save his life surgery will be conducted but due to shortage of police force, he is unable to conduct the operation of applicant. Hence, to save the life of applicant, it is necessary to grant bail of applicant. At this stage, it is not possible to decide who is the aggressor. Main role of firing was assigned to co-accused Sanni, Ankit, Moti and Bhanu. Countrymade pistols used in the crime were also recovered at the pointing out of co-accused Sanni, Ankit, Moti and Bhanu. The case of applicant is distinguishable from co-accused Sanni, Ankit, Moti and Bhanu. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 27.4.2019 (more than five 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 counsel for the complainant opposed the prayer for bail and submitted that it is a case of brutal murder and injuries received by applicant caused himself not from complainant side.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that criminal history has been explained.
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 Akshay involved in Case Crime No. 375 of 2019, under Sections 147, 148, 149, 307, 302, 506 IPC, Police Station Modinagar, District Ghaziabad 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 :- 30.9.2019 A. Singh