Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21940 of 2015 Applicant :- Kanchan Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Singh,Sanjive Kumar Gupta- I,Shiv Nath Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Shiv Nath Singh for the applicant and Additional Government Advocate for the State.
Kanchan (applicant) is in jail since 01.10.2012 in connection with Case Crime No258 of 2012 (Session Trail No.477 of 2014),under Sections 302, 506, 174-A, IPC, P.S. Kadar Chowk, district Budaun.
According to the F.I.R., Arjun (deceased) had gone to ease on 26.6.2012 at about 7-30 A.M. The first informant, Satish son of Collector Singh and Chandrapal son of Jauharilal had also gone to ease towards their fields situated outer side of the village. At that time Kanchan (applicant) and coaccused Rajendra Singh, Kitab Singh were seen towards sugarcane filed. After sometime, they went towards his son and opened fire upon him from a close range due to which he had died. Thereafter they ran away from the spot towards Khunni Nagala waving their weapons.
The counsel for the applicant submits that distance of the police station from the village is only six kilometer. If first informant and witnesses were present on the spot then there would be no reason for lodging F,I,R with inordinate delay in inasmuch as F.I.R. was lodged at 16-30 hours. Although in F.I.R. the allegation has been made that all the three assailants opened fire from a close range but on the body of the deceased only single gun shot injury was found. The applicant is in jail since 1.10.2012 and has completed about six years in jail. The coaccused having similar role, has been already granted bail.The applicant is entitled for bail even on parity.
A.G.A. has opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The application is allowed.
Let the applicant, Kanchan, accused in Case Crime No.258 of 2012 (Session Trial No.477 of 2014),under Sections 302, 506, 174-A, IPC, P.S. Kadar Chowk, district Budaun be enlarged on bail upon furnishing a personal bond and two sureties, each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.8.2018 mt