Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7383 of 2018 Applicant :- Chhotey Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 954 of 2015 under Sections 147, 148, 149, 302 and 307 I.P.C., Police Station Vrindavan, District Mathura, during the pendency of trial.
As per FIR, the prosecution's case is that the present accused- applicant along with eight co-accused had fired upon the complainant side indiscriminately in which, deceased Bhoja had received gun shot injury and died on the spot.
Learned counsel for the applicant contends that the police after investigation had exonerated the present accused-applicant, as no charge sheet was submitted against him. But later on during trial, on an application of the complainant under Section 319 Cr.P.C., he has been summoned by the court to face trial vide order dated 6.10.2017 under the aforementioned Sections. No specific role has been assigned to this accused of causing injury to the deceased. Post-mortem report shows that deceased had received only one fire arm injury, which resulted in his death but who was author of the said injury, is not clear from the evidence. The three co-accused, whose role is similar, have been granted bail. Applicant has no previous criminal history. The applicant is languishing in jail since 16.1.2018. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Looking to the fact that co-accused have been granted bail and the case of the present accused is at par with them, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Chhotey Lal involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 1,00,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.2.2018 A.P. Pandey