Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15949 of 2018 Applicant :- Bhuri Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against nine accused persons, namely, Bhoori Singh, Manju, sanjay, Jagdish, Ram Prakash, Prem Singh, Ram Singh, Damodar and Ram Bharat alleging that 12.05.2017 they assaulted Kali Charan by shot fire and he received gunshot injury, resultantly died; specific role of firing has been assigned against co-accused Ram Prakash and one country made pistol was recovered from his possession; Manik Chandra, Ram, Mahesh, Rajesh, Pooja Devi, Niranjan and Chando Devi have also received injuries but simple in nature.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the co-accused Sanjay, Manju, Prem Singh, Damodar Singh and Jagdish have been enlarged on bail by Co-ordinate Bench of this Court; copy of which has been annexed as Annexure-6 of the bail application and Annexure-6 of the supplementary affidavit; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the main role has been assigned against co-accused Ram Prakash; general role has been assigned against the applicant; the applicant has also received injuries but no F.I.R was lodged by the Police; hence an application was moved under Section 156(3) Cr.P.C; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 13.05.2017 (more than eleven months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Bhuri Singh involved in the Case Crime No. 154 of 2017 (S.T. No. 582 of 2017), under Sections 147, 148, 149, 302, 307, 323, 427, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Dauki, District Agra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 30.4.2018 A. Tripathi