Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11164 of 2021 Applicant :- Aniruddh Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Siddharth Srivastava,Kumar Ankit Srivastava Counsel for Opposite Party :- G.A.,Rahul Mishra
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri Rahul Mishra, learned counsel for the informant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 36 of 2020, under Sections 147, 148, 149, 34, 302 & 427 of I.P.C., P.S.
Maharajganj, District Azamgarh.
As per F.I.R. which has been lodged by one Nagendra Dubey who is present pradhan of the village; co-accused Sacchidanand Mishra had election animosity with him and on earlier several occasions, threats were given by the accused side to the complainant side; with the aid of police, informant side could escape unhurt and because of the animosity, on 4.03.2020 at about 12 noon, when passage was being constructed, the applicant along with other co-accused named in the F.I.R. are said to have come armed with iron-rods, lathi-danda etc and had assaulted the deceased, Omkar Dubey, who is brother of the informant.
Learned counsel for the applicant has argued that the accused applicant has been falsely implicated in the present case. It is further argued that as many as 19 persons have been implicated in the present case. The murder of the deceased Omkar was caused by only one serious injury on occipito-parietal region which was the cause of death. It is further argued that 12 accused persons have already been granted bail by co-ordinate bench of this Court, copies of which have been provided and the same are taken on record. The accused applicant has no criminal history; he is in jail since 01.02.2021; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the informant have vehemently opposed the bail and learned counsel for the informant has argued that the applicant is belonging to B.J.P.
party and has been roaming freely but the police did not arrest him. It is further argued that a writ petition was filed wherein a prayer was made that the order by which the investigation was transferred, be quashed and in this petition, the S.P. Azamgarh was directed to explain as to under what provision, the transfer was done and it was only after pressure was put up by the police that he surrendered on 01.02.2021, therefore, if he is released on bail, he would not cooperate in the trial and would abscond also and may influence the witnesses.
This court has already granted bail to two co-accused in which details have been mentioned and it was clearly mentioned that the main role of causing assault upon the deceased was of co- accused Baldhar and not of the accused applicant, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Aniruddh Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The case of accused applicant is distinguished from the case of co-accused Baldhar.
In case, it is found that the applicant is not cooperating in the trial, the learned counsel for the informant and learned A.G.A. will be at liberty to move bail cancellation application.
Order Date :- 8.4.2021/VPS