Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28764 of 2021 Applicant :- Chintu @ Brijkishor Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution version on 04.02.2021, the deceased, who is son of first informant, was going from village Bhadawa Savran to village Nagla Layak to drop Chintu (applicant) and while he was coming in his car from there, at about 5.30 PM, five unknown persons committed murder of deceased by firing bullets upon him on account of election enmity. First information report was lodged against unknown persons. During investigation, it was revealed that applicant Chintu was working as a security guard to the deceased and that deceased has suffered fire-arm injury from the pistol of applicant as suddenly a fire was sought from the pistol, when applicant was adjusting the pistol.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Applicant was not named in first information report, rather it was alleged in the first informant report that five unknown persons have fired upon deceased due to election enmity. Learned counsel submitted that alleged independent witnesses namely, Chhunna @ Dalveer Singh, Chandrapal, Sukhveer Singh and Ram Charan are not eye-witnesses of alleged incident and their version is hearsay. It was submitted that statements of alleged witnesses, Haribabu Jatav, Rakesh Jatav, Raghuraj Singh, Ranveer Singh and Sarvesh Prajapati are not reliable and their presence at spot is not established and that even as per their statements, the prosecution version is that the applicant was working as a security-guard to the deceased and that while he was merely checking/adjusting his pistol, all of a sudden, a bullet went off, which hit the deceased. It was submitted that even as per version of the said witnesses, there is nothing to indicate that applicant has any intention or motive to commit murder of deceased and it was purely accidental fire. It was submitted that now applicant is languishing in jail since 06.02.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Chintu @ Brijkishor Yadav involved in Case Crime No.15 of 2021, under Section 304 IPC, P.S. Basrehar, District Etawah, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.8.2021 Neeraj