Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40665 of 2018 Applicant :- Dev Kumar @ Mukesh Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rama Shankar Mishra, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Dev Kumar @ Mukesh Tiwari in Case Crime No.88 of 2018, under Sections 147,148, 149, 302, 452, 34 I.P.C. and 7 Criminal Law Amendment Act, Police Station Karchhana, District-Allahaad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the prosecution version contained in the F.I.R. is that on 23.2.2018 at about 6. p.m. the named accused, Raja Pandey and Vidya Kant Vishwakarma have resorted to indiscriminate firing on the deceased. It is stated that besides these two named accused, there were two other unknown accused. It is argued that the applicant was arrested in a police encounter case with no injury in which the applicant is stated to have confessed his involvement in the present case as well. There is no evidence that the applicant had fired towards the deceased. The case of the applicant is distinguishable from that of named accused,Raja Pandey and Vidya Kant Vishwakarma. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 4.4.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant has criminal antecedents of two cases, to which learned counsel for the applicant has stated that these are the same cases in which the applicant was arrested in the police encounter case and a false recovery of Katta was shown against him by the police. Besides aforesaid two cases, there is no other criminal antecedent to the credit of the applicant.
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-Dev Kumar @ Mukesh Tiwari 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 :- 26.10.2018 MN/-