Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40583 of 2019 Applicant :- Harendra Gaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheo Ram Singh,Ravindra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Kishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Rajeshwar, Surendra Jaiswal, Harendra (J.C.B. Driver), Durga and Nandlal Gupta alleging that on 8.6.2019 at 20:00 hours they killed Rahul due to illicit relation between Durga and deceased. During investigation, it was found that on the date of incident Pradeep with the help of Durga and applicant killed the deceased and specific role of strangulation is assigned to co-accused-Pradeep. Witnesses Ravindra Prasad, Ramashray Pal, Ram Naresh, Satish Singh and Purshottam Gupta have also stated the same version and specific role of assault is assigned to co-accused-Pradeep with the help of Durga and applicant.
Learned counsel for the applicant submitted that applicant is driver of the deceased and has been falsely implicated in the present case and is languishing in jail since 18.6.2019 (three and half months) having no criminal history. F.I.R. was lodged after five days of the incident i.e. on 13.6.2019 at 16:10 hours after thought with due legal consultation. Even though main role of assault has been assigned to co-accused-Pradeep. The case of the applicant is distinguishable from the case of co- accused-Pradeep. There is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Harendra Gaur involved in Case Crime No. 248 of 2019, under Section 147, 149, 302, 120-B IPC, Police Station-Rampur Karkhana, District- Deoria 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 :- 30.9.2019 OP