Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43393 of 2018 Applicant :- Deepak Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.,Abhishek Gupta
Hon'ble Harsh Kumar,J.
Learned AGA filed personal affidavit of Sri Vaibhav Krishna, Senior Superintendent of Police, Gautam Budh Nagar along with report of Forensic Lab, Agra today in the Court, which is taken on record.
Heard Sri Praveen Kumar Srivastava, learned counsel for the applicant, Sri Abhishek Gupta, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated on account of business rivalry; that as per averments made in F.I.R. incident in question did take place at about 11:00 p.m. on 20.11.2017 when first informant and deceased were sitting at Durga Tent House, mother and cousin of first informant came to fetch them and when they were coming towards home applicant and co-accused Manoj came from behind on a scooty and upon catchinghold of hands of Sagar by Manoj called him that he is interfering in their business and applicant fired at him with pistol or revolver in presence of first informant, his mother Smt. Kusum and cousin Vijay and upon alarm raised by them they fled by scooty and due to injuries Sagar died during treatment in hospital; that entire prosecution story is absolutely false and incorrect; that it is wrong to say that applicant along with his brother ever came by scooty and after catchinghold of deceased by his brother he fired at deceased; that recovery of scooty at the pointing of applicant, has no relevancy and the recovery of pistol, weapon of crime when sent for Ballastic examination by Forensic Lab, Agra, has been reported that the fire in question has not been made by the pistol recovered from applicant; that it appears that incident did take place in the darkness of night by some unkown person and since the assailant could not be identified, the applicant has been falsely implicated due to business rivalry; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 21.11.2017.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail and contended that the incident was seen by first informant, his mother as well as his cousin Vijay; that the scooty which was used in crime and the fire arm, were recovered from applicant.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Deepak Verma be released on bail in Case Crime No.685 of 2017, under Sections 302, 506,34 IPC and 27/30 Arms Act, P.S. Dankaur, District Gautam Budh Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.1.2019 Tamang