Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20390 of 2018 Applicant :- Balkrishan Opposite Party :- State Of U.P.
Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 05.03.2018 against Rohit @ Rohitash that on 04.03.2018 at the time of Tilak ceremony, Rohit @ Rohitash made harsh firing and unfortunately shot fired at Rakesh Kumar, who received injury on his leg and died. It is further stated that in the statement of Dinesh Diwakar that there was some dispute between Rohit @ Rohitash and Balkrishna and Rohit @ Rohitash fired from the country made pistol of Balkrishna, which hit Rakesh Kumar.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case; he is not named in the FIR; plausible reason of harsh firing was assigned to co-accused Rohit @ Rohitash; there is no independent witness of the alleged incident; the applicant is languishing in jail since 04.4.2018 (more than one months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There was no intention or knowledge to kill the deceased. He died accidentally.
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 expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Balkrishan involved in Case Crime No. 0035 of 2018, under Section 302 IPC, Police Station Barnahal, District Mainpuri 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 :- 29.5.2018 S.K.