Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25258 of 2021 Applicant :- Kiran Pal And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Shukla,Anand Prakash Pandey Counsel for Opposite Party :- G.A.,Jitendra Kumar Shishodia
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicants Kiran Pal and Vikas have prayed to release them on bail in Case Crime No. 131 of 2021, u/s 147, 148, 149, 302, 307, 504, 34 I.P.C., P.S. Kandhala, District Shamli.
Heard learned counsel for the applicants and learned counsel for the informant as well as learned AGA representing the State. Perused the record.
Learned counsel for the applicants argued that both of the applicants are innocent; they have been falsely implicated in this very case crime number, by way of statement recorded under Section 161 of Cr.P.C., of injured Omveer and they were not named in FIR, which was instantly got lodged. There is no recovery from applicants. The applicants are of no criminal antecedents; they are languishing in jail since 3.4.2021 and there is no likelihood of applicants' fleeing from the course of justice or tampering with evidence, in case of their release on bail. Hence, bail has been prayed for.
Mr. Jitendra Kumar Shishodia, learned counsel for the informant has vehemently opposed with this contention that the statements of informant as well as two other injured persons have not been placed on record. A report to I.G. and other police officers is there, prior to this occurrence, wherein, name of applicants are very well there. It was a long-drawn enmity, in between, and threat of dire consequences was extended, then after, this occurrence took place. Without filing entire papers, this bail application has been moved. A time is being claimed for placing the same on record.
Learned AGA has vehemently opposed. But he is having complete instruction and as per it, name of applicants is not there in FIR and it was surfaced in the statement of injured Omveer, wherein, their name was there as persons present on spot and taking part in above occurrence. Applicants are of no criminal antecedent.
Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that First Information Report was got lodged on 30.3.2021 at 20:30 hours, for the occurrence of the same day at 18:00 hours and it was got lodged by Shri Chandrapal against Pramod and 7 others, with specific accusation that on the date of occurrence, those accused persons, with whom there have been previous enmity, were present in front of his house and they were making abuse. Shahendra, brother of informant, protested this abuse and then after they assaulted to Shahendra and his side by lathi- danda and spear. Pramod was armed with tamancha and he gave firearm shot with intention to kill, causing injury to Gajana, who subsequently, succumbed. Then after, all those accused persons did assault, wherein, another Laltesh, Omveer and Satish were injured. Laltesh was taken to hospital and during treatment, she succumbed. The other injured were also under treatment. Meaning thereby, informant got this report lodged against 8 persons and name of applicants are not there. The name of applicants came in the statement of injured Omveer, recorded under Section 161 of Cr.P.C., wherein, a previous occurrence, for which cross-case against each other was said to be registered and under process. Meaning thereby, admittedly there was long-drawn enmity. This incident occurred because of above enmity and the name of present applicants is there in the statement of Omveer that they were also present on spot but no specific role of specific assault is there. Whatever is there, is against Pramod, for giving firearm shot to Gajana, who succumbed and assault by those 8 persons, who gave injury to Laltesh, who later on succumbed, and three others.
Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicants may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicants, Kiran Pal and Vikas, involved in above mentioned case crime number, be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 30.7.2021 Kamarjahan