Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45133 of 2018 Applicant :- Dharmendra Singh @ Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri U.S. Chauhan, learned counsel on behalf of first informant is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against three accused persons namely, Golu Singh, Munna Singh and Vimal Singh alleging that on 14.7.2018 they gathered in front of house of complainant and asked for water to drink liquor; when Raju Chauhan(uncle of complainant) told them not to have drink in front of house, accused Golu Singh shot fire at Raju Chauhan. Other two accused namely, Munna Singh and Vimal Singh also opened fire, out of which one shot hit the terrace. Victim Raju Chauhan received two ante mortem injuries on left side of forehead and died resultantly.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 20.7.2018(more than four months) having no criminal history. He has been falsely implicated. Co-accused Vimal Singh has already been enlarged on bail by coordinate Bench of this Court vide order dated 24.9.2018 passed in Criminal Misc. Bail Application No.35640 of 2018(Bail order is annexed at page 58 of the bail application) and applicant's case is identical to him. Specific role was assigned to accused Golu Singh. There is no independent witness. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to co-accused Vimal Singh who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and 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 applicant Dharmendra Singh @ Munna involved in Case Crime No.40 of 2018, under Section 504, 302 IPC and 3/25/27 Arms Act, Police Station Bhudkuda, District Ghazipur be released on bail on furnishing 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.11.2018 P.P.