Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53758 of 2021 Applicant :- Devesh Khelwani Opposite Party :- State Of U.P. Through Its Principal Secretary Home Counsel for Applicant :- Rajiv Kumar Mishra,Shiv Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 04.11.2021 at about 07.30 p.m., the deceased Chandan Srivastava @ Aman was taken away by his friends Devesh, Sachin, Satbir and Jeetu @ Amit to Bad Shahbag, Kaloni Park where some altercation took place among all of them. In the meantime, Sachin fired at Chandan Srivastava @ Aman who sustained injuries and brought to the hospital where he succumbed to his injuries.
It is submitted that applicant is innocent and he has been falsely implicated in the present case. No specific role has been assigned to the applicant. There is no cogent evidence on record to connection this applicant to the commission of crime and only single fire arm wound has been found during post-mortem on the dead body of the deceased. There is no criminal history of the applicant. It is further submitted that there was a long criminal history against the deceased and on account of enmity, this applicant has been implicated in this case. The applicant is in jail since 05.11.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
On the other hand, learned A.G.A. opposed the prayer for bail and urged that the applicant was also in company with co- accused Sachin, Satbir and Jeetu @ Amit and all the accused persons including the applicant have caused death of the deceased in furtherance of common intention of all. Therefore, he is not entitled for bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the fact that no specific role has been assigned to the applicant, there is no criminal history against him, without expressing any opinion on the 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 Devesh Khelwani involved in Case Crime No. 516 of 2021, under Sections 302, 34 I.P.C, P.S. Sigra, District Varanasi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Madhurima Digitally signed by Justice Subhash Chandra Sharma Date: 2021.12.21 13:20:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad