Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22640 of 2019 Applicant :- Janki Sharan Opposite Party :- State Of U.P. Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 25.2.2019 against unknown person alleging that on 23.2.2019 at 8.30 deceased Jhallar Chaube shot fire at Neeraj Dwivedi, he received one gun shot injury due to which some persons assaulted Jhallar Chaube and set him on fire, resultantly he also died. During investigation, after sixteen days of incident, names of Lavkesh Singh, Neeraj Dwivedi, Santosh Pandey, Uma Datta Dwivedi, Ramdatta Dwivedi, Arvind, Sonu Singh, Kake Sardar and Amardeep were surfaced and it was found that main role was assigned to Lavkesh Singh, Neeraj Dwivedi. The name of applicant was also surfaced.
It is submitted by learned counsel for the applicant that co- accused namely Arvind Kumar Dhobi has been granted bail by this Court vide order dated 28.5.2019 in Criminal Misc. Bail Application No. 22323 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Main role was assigned to co-accused Lavkesh Singh, Neeraj Dwivedi. The case of applicant is distinguishable from case of co-accused Lavkesh Singh, Neeraj Dwivedi. Deceased was died after twelve days of incident received 30 per cent burn injury. There is no independent/eye witness account and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 11.4.2019 (more than one and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail and submitted that on the same day, wife of deceased moved an application before police station concerned but F.I.R. was not lodged.
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 applicant Janki Sharan involved in Case Crime No. 35 of 2019, under Sections 147, 148, 149, 323, 504, 506, 326, 452, 435, 304, 436, 427 IPC, Police Station Pashchim Sharira, District Kaushambi 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 :- 29.5.2019 A. Singh