Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1927 of 2018 Applicant :- Jugunu Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Singh Kushwah,Ali Hasan Counsel for Opposite Party :- G.A.,Mithilesh Kumar Gupta
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri A.K. Sachan, learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Jaigovind, Avneesh Rai, Rahul Rai, Mohan Rai, Santosh Rai @ Babloo Rai and Vinay Rai @ Pampam Rai alleging that on 19.9.2017 they followed complainant Jitendra Singh Yadav and his uncle Nanku Yadav on two motor cycles; and on exhortation of Rahul Rai and Mohan Rai, Santosh Rai @ Babloo Rai and Venay Rai @ Pampam Rai shot fire indiscriminately at them. In the said incident Nanku Rai received injury on his neck and he died resultantly. During investigation, in police party encounter case, Deepak Yadav, Jugunu Rai, Anil Rai have been arrested and they confessed their indulgence in the said crime. Eye witness Raghuvar Yadav disclosed names of Munna Devidhar, Rahul Rai and Jugunu Rai.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case; he is languishing in jail since 1.10.2017(more than six months) having no criminal history; he was not named in the FIR; there is no legal evidence against this accused; there is no possibility to get this case decided in short period in future.In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that one more opportunity be granted to the applicant. The bail application is allowed.
Let applicant Jugunu Rai involved in Case Crime No. 2980 of 2017, under Section 302, 120-B IPC, Police Station Kotwali Ghazipur, District Ghazipur 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 :- 26.4.2018 P.P.