Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32537 of 2021 Applicant :- Diwakar Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Rai,Sanjay Kumar Rai Counsel for Opposite Party :- G.A.,Subhash Chandra Yadav
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
The first information report was lodged by informant against five accused persons including applicant alleging that on account of election enmity, on 02.05.2021 at 7.00 PM, all the accused persons, armed with lathi and Gadansa, have attacked the brother, nephew and sister-in-law (Bhabhi) of first informant and that co-accused Prabhakar has given a Ganasha blow at deceased Jairam. In the incident, Jairam, Rahul and Kalindi have sustained the injuries and later on Jairam has succumbed to injuries.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It has been submitted that in first information report, except co-accused Prabhakar, only general role has been assigned to four accused persons including applicant. Learned counsel has referred statement of alleged eye-witnesses and submitted that no specific role has been assigned to applicant and that both the injured persons have sustained simple injuries and as per prosecution version, Gadansa blow at deceased was given by co-accused Prabhakar. It has been further submitted that similarly placed co-accused Vinay Kumar Gond and Jay Prakash Gond have already been enlarged on bail by this Court, copies of which have been produced and the same are taken on record and that the role of applicant is also on a similar footing. It has been submitted that the applicant is languishing in jail since 06.05.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the first informant as well as learned A.G.A. have opposed the prayer for bail and argued that applicant is named in first informant report. However, it has not been disputed that similarly placed co-accused Vinay Kumar Gond and Jay Prakash Gond have been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Diwakar Pandey involved in Case Crime No.203 of 2021, under Sections 34, 307, 308 and 302 IPC, P.S. Madhuban, District Mau, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.9.2021 Anand