Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20725 of 2018 Applicant :- Atar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Pradeep, Manoj, Pramod, Kuldeep, Atar Singh and Ram Kumar alleging that on 26.12.2017 they cut neck of Devesh Kumar, son of complainant and threatened Ramrati, wife of complainant. Devesh received two incised wounds on neck & one on finger, and died resultantly. As per statement of Ramrati, specific role was assigned to co-accused Ram Kumar who assaulted deceased with 'waka'.
It is submitted by learned counsel for the applicant that co- accused namely Pramod Alias Pradeep has already been granted bail by this Court vide order dated 21.5.2018 in Criminal Misc. Bail Application No. 18902 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in the present case. He is languishing in jail since 6.2.2018(more than three and half months) having no criminal history. Specific role was assigned to accused Ram Kumar. Only two injuries on neck were found on the body of deceased. There was no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and general role has been assigned to other co-accused except Ram Kumar and the case of present applicant is identical to co-accused Pramod Alias Pradeep who has been enlarged on bail.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Atar Singh involved in Case Crime No.1708 of 2017, under Section 147, 148, 149, 302, 452, 506 IPC, Police Station Madanapur, District Shahjahanpur 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 :- 31.5.2018 A. Singh