Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45521 of 2017 Applicant :- Kunwar Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhaiya Ram Maurya,Amit Kumar Gaur,Sushil Dubey Counsel for Opposite Party :- G.A.,Shashi Kumar Mishra
Hon'ble Aniruddha Singh,J.
None is present on behalf of the complainant even in the revised list/call. On earlier occasion also, he was absent.
Heard learned counsel for the applicant, Sri Mayank Kishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Meera Devi, Kunwar Pal, Shivam Kumar and Vikram Singh alleging that on 7.1.2017 they killed Sanjeev by sticks. He received two injuries i.e. one was on chest and another was on thigh and died.
Learned counsel for the applicant submitted that co-accused Vikram Singh and Shivam have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 25.10.2017 and 6.2.2018 in Criminal Misc. Bail Application Nos. 40197 of 2017 and 3277 of 2018 and the case of the applicant is identical to the case of co-accused, who have already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 13.4.2017 (more than two years) having no criminal history. Due to heavy work load, there is no possibility to get this case decided in near future. Recovery of stick without bloodstained was shown falsely from open place. General role has been assigned to the applicant. Only one injury on chest was found on the body of the deceased. It is not clear who is author of that injury. The applicant is innocent and has been falsely implicated in this case. There is no independent witness against the applicant 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 also admitted that the case of the present applicant is identical to the case of co-accused-Vikram Singh and Shivam, who have already been enlarged on bail.
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 Kunwar Pal involved in Case Crime No. 8 of 2017, under Section 302 IPC, Police Station, Onchha, District- Mainpuri 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 :- 30.4.2019 OP