Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55447 of 2019 Applicant :- Babu @ Sultan Shah Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Kumar Sharma, Pavan Kishore Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Shri Mahendra Kumar Sharma, learned A.G.A appearing for the State and perused the record.
The First Information Report of this incident was lodged against four persons namely Prakash Singh son of Abhimanyu, Prabhat Singh son of Abhimanyu, Vishal Soni son of Dinesh Soni and Babu @ Sultanshah son of Mustaq Ahmed alleging therein that on 26.06.2019 they fired shot at the son of complainant, namely, Atul Kumar Dwivedi who sustained one gun shot injury and died. This incident of commission of murder was witnessed by the the friends of complainant's son, namely, Amitesh Pandey, Ram Anuj Dwivedi and Ankit Dwivedi.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant and nobody has seen the incident. It is also argued by the learned counsel that co-accused Vishal Seth and Prabhat Singh, who were assigned similar role as was assigned to the present applicant, have been admitted to bail by another Bench of this Hon'ble Court in Criminal Misc. Bail Application No. 44602 of 2019 and Criminal Misc. Bail Application No. 53832 of 2019 by orders dated 30.10.2019 and 05.12.2019 respectively and on the ground of parity with the co-accused, the present applicant is entitled to bail. It was lastly argued the applicant is in jail since 2.07.2019 and if released, he will not misuse the liberty of bail.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without commenting on the merits of the case, this Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Babu @ Sultan Shah involved in Case Crime No. 149 of 2019, under Sections 302/34, 120-B IPC, Police Station Lalganj, District Mirzapur 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 :- 17.12.2019 LBY