Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36751 of 2017 Applicant :- Dheeraj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Kumar,Rajrshi Gupta Counsel for Opposite Party :- G.A.,Surya Pratap Singh Parmar
Hon'ble Vipin Sinha,J.
Heard Sri Dileep Kumar, learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 236 of 2016 u/s 147, 302, 307 I.P.C., Police Station- Sureri, District Jaunpur.
This is the second bail application filed on behalf of applicant Dheeraj. The first bail application of the applicant, being Criminal Misc. Bail Application No. 2621 of 2017 (Dheeraj Singh Vs. State of Uttar Pradesh) has been rejected vide order dated 23.01.2017.
In the Second Bail Application it has been contended that Nagendra Singh has been examined as PW-1 and in his cross examination he clearly states that "Uprokt Mulziman Ajay va Lal Chand ko markar zamin par gira diye the tab tak ganv vale bhi aa gaye bich bichav krne lage. Pas me pada ek bada sa patthar Ajit ne gire huye Lal Chand ke seene par patak diya aur vahi patthar Chandan ne uthakar zamin pr gire huye Ajay ke seene par patak diya."
In view of the said statement, specific role of causing injury to the deceased by striking of heavy stone has been assigned to co-accused Ajit and Chandan.Therefore, the role of co-accused Ajeet and Chandan is being distinguished from that of the present applicant. Further contention is that the cause of death of the deceased is the fatal injury which was caused by the co-accused by striking of heavy stone. Further contention is that the applicant is in jail since 02.05.2016 with no criminal history and in case he is released on bail, he will not misuse the said liberty.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances and keeping in view the law as laid down by the Apex Court in the case of Data Ram vs. State of UP and others, 2018(3) SCC 22, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Dheeraj Singh involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220 and Hussain and Another v. Union of India; 2017 (5) SCC 702,, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Order Date :- 24.8.2018 SKG