Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that the occurrence took place in the night and no test identification parade was conducted by the Investigating Officer. The name of the applicant has been surfaced on the confessional statement of co-accused -Sameer Baba wherein he confessed his guilt. He further submits that single gun shot injury was attributed to the Head Constable, Bhola Nath. He further submits that criminal history of four cases of the applicant has been explained in paragraph no. 19 of the affidavit. Co-accused -Ranjit Singh having similar role has been granted bail by this Court on 22.2.2021 in Bail No. 575 of 2021. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 24.1.2021..
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Ashish Singh @ Kaka Fauji involved in Case Crime No. 705 of 2019, under Sections 332, 353, 307I.P.C., P.S.-Kotwali Nagar, District- Pratapgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.4.2021 Anuj Singh