Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14608 of 2018 Applicant :- Kuldeep @ Mintu Tyagi Opposite Party :- State Of U.P. Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit and rejoinder affidavit filed today are taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 22.11.2017 against two unknown persons, alleging that on 21.11.2017, two unknown persons shot fire on Gagan Khandooja, brother of the complainant, on his head, who received gun shot injury. Pellet was recovered at the time of post mortem. During the course of investigation, the names of Kuldeep @ Mintu, Banti and Ravi, were surfaced in the incident. One country made pistol was recovered from Kuldeep with cartridge which was sent for ballistic examination and it was found that same cartridge was fired by the same country made pistol.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. The pellet recovered from the body of the deceased has not been sent for expert opinion. Hence, it cannot be said that the deceased received head injury by country made pistol and cartridge alleged to be recovered from the possession applicant. The witnesses of fact namely P.W.-1, P.W.-2, P.W.-3, P.W.-5 and P.W-6, have not supported the prosecution version and have turned hostile. The co-accused Ravi and Bunty Tyagi, have been enlarged on bail by this Court vide orders dated 20.3.2018 and 21.2.2019 passed in Criminal Misc. Bail Applications No. 10405 of 2018 and 49342 of 2018 respectively, and the case of the present applicant is identical to that of aforesaid co- accused. The applicant is languishing in jail since 25.11.2017 (more than one year and three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to the case of aforesaid co- accused who have already been enlarged on bail by this Court.
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 the applicant Kuldeep @ Mintu Tyagi involved in Case Crime No. 1980 of 2017, under Sections 302, 34 IPC, Police Station Sihanigate, District Ghaziabad, 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 :- 28.2.2019 Iss/