Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3927 of 2021 Applicant :- Mahendra Opposite Party :- State of U.P.
Counsel for Applicant :- Atharva Dixit,Ashwini Kumar Awasthi,Kartikeya Bhargava,Manish Tiwary(Senior Adv.) Counsel for Opposite Party :- G.A.,Rajesh Yadav
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. Manish Tiwary, learned Senior Advocate assisted by Mr. Atharva Dixit and Kartikeya Bhargava, learned counsel for the applicant; learned Additional Government Advocate representing the State; Mr. Rajesh Yadav, learned counsel appearing on behalf of informant and perused the record of the case.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 344E of 2012, under Sections 147, 148, 149, 302, 307, 109, 392, 120-B, 436 I.P.C., Police Station-Kosikalan, District- Mathura, during the pendency of trial.
It is submitted by learned counsel for the applicant that F.I.R. dated 02.06.2012 has been lodged by Saleem @ Sabu (brother of deceased Kalua and Bhoora) against 55 named accused persons including the applicant and several unknown persons.
It is argued by learned counsel for the applicant that the case was previously investigated by the police and vide parcha dated 03.06.2017, applicant and other co-accused persons including Sona @ Som Singh and Bharatlal were exonerated of the charges and separate charge sheets were submitted only against Girdhari, Karamveer and Laxman. Thereafter, the matter was transferred to CBCID vide order dated 16.08.2018 for the investigation. After investigation charge sheet dated 10.12.2020 has been submitted by the CBCID against the applicant and co-accused Bharatlal and Sona @ Som Singh. Thereafter, the applicant surrendered before the court below. It is also argued that in the F.I.R. role of fire shot was assigned to the applicant, but during investigation by the police it was found that deceased Bhoora was shot earlier by an unknown bullet coming from the side of house of Sona Jaat. As such, after investigation by the police applicant was exonerated. It is also pointed out that in the charge sheet dated 10.12.2020, submitted by CBCID against the applicant and co-accused Bharatlal and Sona @ Som Singh and other persons, general role has been assigned to all the accused persons, therefore, case of present applicant stands on similar footing to that of co- accused Bharatlal and Sona @ Som Singh, who have been granted bail by the co-ordinate Bench of this Court vide orders dated 22.07.2021 and 13.09.2021 in Criminal Misc. Bail Application Nos. 7963 of 2021 and 33776 of 2021. It is also pointed out that during investigation of this case, applicant was also implicated in a case registered as Case Crime No. 344D of 2012, in which applicant has been acquitted by the trial court vide judgment and order dated 29.03.2017 of Additional District and Sessions Judge, F.T.C., Court No. 2, Mathura in Session Trial No. 480 of 2015. Copy of said judgment has been brought on record as Annexure No. 35 to the affidavit filed in support of bail application. Applicant is languishing in jail since 27.10.2020. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. as well as learned counsel appearing on behalf of informant have opposed the prayer for bail of the applicant, but they do not dispute the factual aspects of the matter as argued on behalf of the applicant.
After having heard learned counsel for the parties, I find that co-accused Bharatlal and Sona @ Som Singh, under similar accusation, have been granted bail, therefore, applicant is also entitled to be released on bail on the ground of parity. Considering the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mahendra be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not temper with the evidence during trial.
(ii) The applicant shall not pressurize/intimidate the prosecution witness.
(iii) The applicant shall appear before the trial Court on the date fixed.
(iv) In case of misuse of any condition during trial, the concerned Court below shall be at liberty to cancel the bail.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.9.2021 Sunil Kr. Gupta