Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14770 of 2018 Applicant :- Dev Mitra Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Pramod Shukla, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Prosecution story is that when the complainant alongwith her Devar-Shivraj was coming from the field on 1.9.2017 at about 6.00 p.m,. the accused persons including the applicant came near them and shot fire upon her Devar, Devraj. On being alarm raised by the informant her other Devar ,Udairaj was attracted to the scene of occurrence and thereafter the miscreants fled away from there. It is also alleged that the accused had committed double murder in the village and the injured, Shivraj was having friendly relation with the victim and as such the accused persons have caused injury to the injured.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity and he has committed no offence. Medical report does not corroborate the prosecution version and the injured sustained one injury, which was not dangerous to life. There are material contradictions in the statements of the witnesses recorded by the investigating officer under section 161 Cr.P.C., which creates doubt in the prosecution version. It is further contended that no specific role has been assigned to any of the accused including the applicant. No independent witness has been examined to support the prosecution case. Only closed relatives and chanced witnesses have been examined by the investigating officer.It is also contended that nothing has been recovered from the possession of the applicant. It is next contended that other co-accused namely Ranvir having similar role to that of the applicant has already been enlarged on bail on 19.2.2018 by Coordinate Bench of this Court in Criminal Misc. Bail Application No. 292 of 2018, copy of which has been annexed as annexure-6 to the bail application, hence the applicant is also entitled to be released on bail on the ground of parity.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 7.10.2017. Apart from it, the applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Dev Mitra involved in Case Crime No.774 of 2017, under Sections 307, 504, 506, 34 I.P.C., Police Station Baghpat, District Baghpat be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.4.2018 IA