Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24361 of 2021 Applicant :- Jishan Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- Vinod Kumar Yadav,Neha Sonker,Varun Kumar Srivastava
Hon'ble Om Prakash-VII,J.
Heard Ms. Bindu Rao, learned Advocate holding brief of Sri Janardan Yadav, learned counsel for the applicant, Ms. Neha Sonker, learned counsel for the informant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that although FIR was lodged on the day of incident itself yet the applicant was not named in the FIR. Nothing is recovered from the possession of the applicant. No proper test identification parade has been arranged in this matter to identify the accused. Referring to the statement of the informant recorded under Section 161 Cr.P.C. it was also argued that this witness did not disclose the name of the applicant in his statement. For the first time after a gap of about 11 days one of the witness stated to the Investigating Officer that the applicant and the co-accused Waqar were seen in the market today. Thus, suspicion was shown against the applicant for committing the present offence. Referring to the statement of the informant recorded under Section 161 Cr.P.C. it was also argued that main role for causing the fire arm injuries to the deceased is assigned to the co-accused Waqar. If entire prosecution case is taken into consideration then also no active role has been assigned to the applicant. Applicant was implicated in this matter only on the basis of suspicion. He is languishing in jail since 13.03.2021 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 A.G.A. as well as learned counsel appearing for the informant argued that although the applicant is not named in the FIR but he was seen along with main accused in the market by the witnesses thereafter the present incident was committed. Referring to the confessional statement of the applicant it was further argued that applicant himself has admitted that he has committed the present offence. Thus, there was no necessity to conduct a test identification parade. Referring to the entire evidence annexed with the bail application as well as counter affidavit it was further argued that a prima facie case is made out against the applicant.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and 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 the applicant Jishan involved in Case Crime No. 48 of 2021, under Sections 302, 34, 506 I.P.C., P.S. Jiyanpur, District Azamgarh be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.27 13:35:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad