Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40889 of 2021 Applicant :- Jabar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.,Aditya Kumar Yadav
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
Heard learned counsel for the applicant, Sri Aditya Kumar Yadav learned counsel for first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 288 of 2021 under Sections 302, 504, 506, 34 IPC, police station Powayan, District Shahjahanpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. The FIR was lodged against five accused persons including applicant by alleging that all accused persons have threatened the deceased and thereafter co-accused Ram Kumar has fired a bullet at deceased. As per postmortem report, deceased has sustained one entry and one exit wound of fire-arm injury and except that fire-arm injury, only one contusion has been shown on right side of abdomen. Learned counsel submitted that as per FIR as well as eye witnesses, the role of causing fire-arm injury to deceased has been attributed to co-accused Ram Kumar and that no specific role has been assigned to applicant. The allegation that applicant and other co-accused persons have assaulted deceased with sticks is false, as except the fire-arm injury, only one minor abraded contusion has been shown. It was stated that applicant has been falsely implicated merely because he is brother of co-accused Ram Kumar. It was submitted that alleged recovery of stick shown at instance of the applicant is false and baseless. It has further been argued that the applicant is in judicial custody since 27.04.2021, having no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for first informant have opposed the prayer for bail and argued that applicant is named in the FIR and that recovery of one stick has taken place at instance of the applicant.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Jabar Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 20.12.2021 Deepak