Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9436 of 2018 Applicant :- Jai Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Naveen Kumar Yadav,Kamal Singh Yadav Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against two unknown persons alleging that 14th September, 2017 at 13:10 hours, when the father of the first informant, namely Haji Haroon was coming from the mosque after performing his prayers, two unknown persons, who were on motorcycle, came to his father near small mosque and discharged fire shot upon his father, he sustained five gun shot injuries and resultantly he died. During investigation, co-accused Hridesh Nagar was arrested on 4th November, 2017 by the police and he stated that the deceased Haji Haroon was identified by another co-accused Jakir and on his asking, he and another co-accused Yasin went to the deceased on the motorcycle which was driving by co-accused Jakir and he discharged fire shot upon the deceased from country made pistol which was provided by the applicant Jai Singh. The said country made pistol was recovered on the pointing out of Hridesh Nagar, Jakir and Yasin. On the basis of said statement of co-accused Hridesh Nagar, the name of the applicant was included in the present case.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case, main role is assigned to the other co-accused, the role assigned to the applicant is of providing country made pistol, which was also not recovered from the possession or on the pointing out of the applicant, no motive was disclosed qua the applicant, there is no eye-witness account against the applicant, there is no independent witness against the applicant, the applicant is not named in the first information report, in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial, he is languishing in jail since 30th January, 2018 (more than four months) having no criminal history.
It is further submitted that the co-accused, namely, Jakir has already been granted bail by this Bench vide order dated 14th March, 2018 in Criminal Misc. Bail Application No. 159 of 2018 (Jakir versus State of U.P.) and the case of the applicant stands of better footing in comparison to co-accused, Jakir, hence the applicant is also entitled for bail.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Jai Singh involved in Case Crime No. 472 of 2017, under Section 302, 120B I.P.C., Police Station Link Road, District Ghaziabad 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.
(Aniruddha Singh, J.) Order Date :- 28.5.2018 Sushil/-