Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24056 of 2018 Applicant :- Hariom Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Hariom in Case Crime No. 08 of 2018, under Sections 393, 307, 302 I.P.C., Police Station- Ughaiti, District- Budaun with the prayer to enlarge him on bail.
As per the prosecution case, informant is the brother of the deceased; informant and his father were sleeping when unknown accused persons attempted to steal their cattle. On hearing some whisper, when the deceased woke up and raised an alarm upon which the accused opened fire as a result of which one person died and another received injuries. The applicant was not named in the first information report. During investigation, co-accused Sukhey, Rupendra and Bhurey were arrested and in their confessional statement name of the applicant cropped up. Co-accused Bhurey has been enlarged on bail by a coordinate Bench of this Court vide an order dated 31.07.2018 in Criminal Misc. Bail Application No. 26311 of 2018. The recovery of assault weapon has been made at the pointing out of co-accused Sukhey to whom role of causing firearm injury to the deceased and injured has been attributed by co-accused in their confessional statement. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 01.02.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Hariom be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018 Vikas