Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38402 of 2018 Applicant :- Jeetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Anurag Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Anil Kumar Srivastava, 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-Jeetu in Case Crime No.417 of 2017, under Sections 302, 307 and 506 I.P.C., Police Station Harduaganj, District-Aligarh with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that according to the prosecution, on 21.10.2017 at about 7.30 p.m, the applicant, one another-Sagar and 2-3 unknown accused went to the shop of the deceased and demanded liquor. Thereafter on the exhortation of one of the accused firing was made on account of which the deceased, Manoj Kumar sustained solitary gunshot injury. In the F.I.R. no specification of the weapon and role of firing on the deceased has been made. However, after two days of the incident, statement of the deceased under Section 161 Cr.P.C. was recorded in which he has stated that the applicant and co- accused, Sagar had fired on him. However, injury report of the deceased reflects that he had sustained solitary firearm injury. The deceased died after six days of the incident. Learned counsel for the applicant states that it has not been made clear as to whose shot had hit the deceased. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 26.10.2017, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA 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-Jeetu 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 :- 30.10.2018 MN/-