Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37991 of 2018 Applicant :- Bantoo @ Mahendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A.,Ram Jatan Yadav
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Raj Kumar Vaishya, learned counsel for the applicant, Sri Ram Jatan Yadav, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Bantoo @ Mahendra in Case Crime No. 82 of 2018, under Sections 147, 148, 149, 302, 34 I.P.C., Police Station- Patiyali, District- Kasganj with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that according to prosecution version, the applicant and five others surrounded the deceased and injured and specific role of firing has been attributed to Dashrath @ Bhanu and Sanjay @ Pappu. Similar such statement was made by the witnesses during investigation. However, the prosecution has introduced some alleged eye-witnesses, who are not mentioned in the first information report, who have stated that all the accused had resorted firing at the deceased. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 12.04.2018, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that during investigation statements of some other witnesses namely Guddu and Pappoo @ Bandal have been recorded in which they have stated that all accused persons had started firing at the deceased. However, they could not dispute that in the F.I.R. specific role of firing has been attributed to co- accused Dashrath @ Bhanu and Sanjay @ Pappu. They further stated that the applicant has a criminal history of one case and therefore he may not be enlarged on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Bantoo @ Mahendra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018/ Vikas