Court No. - 51
1. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33446 of 2019 Applicant :- Harish Opposite Party :- State of U.P.
Counsel for Applicant :- Adesh Kumar,Arvind Kumar,Rama Shankar Mishra Counsel for Opposite Party :- G.A.
2. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25898 of 2019 Applicant :- Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Shankar Mishra,Kapil Kumar,Sandhya Singh Counsel for Opposite Party :- G.A.,Ajatshatru Pandey
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Since these bail applications arise out of same case crime number, they have been heard together and are being decided by a common order. Criminal Misc. Bail Application No. 33446 of 2019 is being treated as leading case.
Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Sushri Sandhya Singh and Shri Rama Shankar Mishra, learned counsel for the applicants, Shri Gaurav Kumar Singh, Advocate holding brief of Shri Ajatshatru Pandey, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned senior counsel appering for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Although applicants have named in the F.I.R. yet informant is not eye account witness. Referring to the first and second statements of the informant recorded by the Investigating Officer, it is further submitted that he has not disclosed in it the name of wife of deceased as eye account witness. For the first time, he disclosed this fact during trial. It is further submitted that as per F.I.R., Ashu, Pramod and Manoj Kumar were eye account witness but Ashu was not interrogated by the Investigating Officer. Pramod and Manoj Kumar have not identified the accused persons. Thus, referring to the entire facts, it is further submitted that F.I.R. was lodged on the basis of suspicion. None has seen the present incident. Witnesses were planted in this matter on the basis of advise. If entire prosecution case is taken into consideration then also they reached at the place of incident after the incident. Learned senior counsel appearing for the applicants also argued that no prima facie case is made out against the applicants. Applicants have no criminal history. They are languishing in jail since 07.02.2019 & 29.03.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposed the prayer for bail and argued that wife of the deceased was travelling on a motorcycle behind the deceased. She has seen the present incident. If this fact has not come in the F.I.R., her statement regarding the eye account witness cannot be disbelieved. She is to be examined during trial. A prima facie case is made out against the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail applications are allowed.
Let the applicants Harish and Babu involved in Case Crime No. 623 of 2018 (S.T. No. 283 of 2019), under Sections 302, 341 IPC, P.S.
Anoopshahar, District - Bulandshahar be released on bail on furnishing each 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 Sanjeet