Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20844 of 2018 Applicant :- Jugal Kishore And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Ram Babu Sharma and Sri Ardhendu Shekhar Sharma, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 20.11.2017 against five accused persons, namely, Badan Singh, Charan Singh, Jugal Kishor, Bijendra and Bhurey alleging that on 19.11.2017 at 23 hour they shot indiscriminate firing at Pan Singh, he received one gunshot injury, resultantly died.
It is submitted by learned counsel for the applicants that case of present applicants are identical to co-accused Bhurey and Badan Singh who have already been enlarged on bail by this Court vide order dated 1.5.2018 and 24.5.2018 passed in Criminal Misc. Bail Application Nos.16004 of 2018 and 19601 of 2018, the applicants are entitled to bail on the ground of parity. The applicants are innocent and have been falsely implicated in the present case. There is cross case in case crime no. 555 of 2017 including under Section 307 IPC. It was a case of sudden fight and incident has taken place in spur of moment, both sides have received injuries. At this stage, it is not possible to decide who is the aggressor. There is general allegations against the applicants. Offences levelled against the applicants are not attracted in the present case. Only one injury was found on the body of deceased. It is not clear from the prosecution evidence who was the author of the injury found on the body of deceased. There is no independent witness. They are languishing in jail since 18.12.2017 (more than five months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have 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 applicants Jugal Kishore and Vijendra involved in Case Crime No. 553 of 2017, under Sections 147, 148, 149, 302, 504 IPC, P.S. Rajpura, District Sambhal 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 :- 31.5.2018 A. Singh