Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 357 of 2021 Applicant :- Aman Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is not named in first information report, which was lodged against unknown persons and that applicant has no motive to commit the murder of deceased. It was submitted that deceased has fallen in the company of some bad persons and he used to consume smack. There is no eye-witness of alleged incident. It was further submitted that even as per prosecution version, deceased was seen on the motorcycle with co-accused Bhagwan Singh and after that there is no such evidence as to how the deceased suffered death. Though, as per statement of co-accused, role of firing was attributed to applicant but no witness has made any such statement and that statement of co- accused cannot be taken into consideration against the applicant. Alleged recovery of country made pistol shown from the applicant is false and baseless. Learned counsel further submitted that co-accused Babu Lal @ Pintu @ Doctor and Puneet Singh @ Gopal Singh have already been granted bail by coordinate Benches of this Court vide orders dated 2.2.2021 and 17.12.2020, passed in Criminal Misc. Bail Application Nos.5178 of 2021 and 47354 of 2020 respectively. It has been submitted that the applicant is languishing in jail since 07.07.2020 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Babu Lal @ Pintu @ Doctor and Puneet Singh @ Gopal Singh have already been granted bail by this Court but it was stated that recovery of country made pistol has been shown from applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Aman Kumar involved in Case Crime No.316 of 2020, under Sections 302, 201, 34, 120-B, 364, 420, 467, 468 and 471 IPC, P.S. Chaubepur, District Varanasi, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.7.2021 Neeraj