Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49340 of 2018 Applicant :- Krishna Murti @ Takkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Krishna Murti @ Takkar seeking bail in Case Crime No. 520 of 2018, under Sections 307 I.P.C. Police Station-Jhunsi, District- Allahabad.
Learned counsel for the applicant has submitted that the first information report has been lodged by victim himself in which he has stated that while he was returning from Chibaya at about 9.30 p.m. he was encircled by 4 nominated accused persons who opened fire on him due to which he suffered injuries and he was rescued by passers by. The victim was medically examined and he suffered a single injury of size 1x0.5 cm. on his face which was advised for X-ray however, as per the X-ray report no fracture injury was seen.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim under Section 161 Cr.P.C. in which he has assigned the role of firing to the applicant alone due to which he suffered injuries and the other 3 accused persons have been exonerated.
Learned counsel for the applicant further submitted that the statement of the victim is in clear contradiction to the version given by him in the first information report where 4 persons have been nominated as accused and all of them are said to have opened fire. Thus, there is sharp contradiction in the version given in the F.I.R. and in the statement under Section 161 Cr.P.C. as such prima facie case for bail is made out. Moreover, the injury suffered by victim is not dangerous to life.
It is lastly submitted that the applicant is in jail since 08.08.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in the trial. The applicant has no criminal history to his credit.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Krishna Murti @ Takkar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 sweta