Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30316 of 2019 Applicant :- Mahendra Opposite Party :- State Of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Ajit Kumar, Advocate on behalf of complainant is taken on record.
Heard Sri Geetam Singh, learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned Brief Holder for the State and perused the record.
According to prosecution case, FIR was lodged on 3.3.2019 at 13:06 hour against four persons namely, Ravendra, Bijendra, Surendra & Mahendra and one unknown person alleging that on 1.3.2019 at 7:30 P.M. they assaulted Vinod Kumar (father of complainant) with sticks (lathi-dandas) and Bijendra opened fire at him. He received gunshot injury on stomach and died resultantly on 3.3.2019. Countrymade pistol used in the crime was also recovered at the pointing out of Bijendra. The role of other accused is general in nature.
It is submitted by learned counsel for the applicant that co- accused namely Ravendra Singh Gaur has already been granted bail by this Court vide order dated 22.7.2019 in Criminal Misc. Bail Application No. 28953 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is languishing in jail since 16.5.2019 (more than two months) having no criminal history. He has been falsely implicated. Specific role of firing was assigned to Bijendra. Only one gunshot injury was found on the dead body of deceased. There is no injured witness. Recovery of countrymade pistol shown at the pointing out of Bijendra has no concern with this crime. There is no recovery at the pointing out of applicant. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant opposed the prayer for bail.
On the other hand, learned Brief Holder opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and also admitted that the case of the applicant is identical to the case of co-accused-Ravendra Singh Gaur, who has already been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mahendra involved in Case Crime No.80 of 2019, under Section 147, 148, 149, 302, 34 IPC, Police Station Soron, District Kasganj 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 :- 30.7.2019 OP