Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15100 of 2018 Applicant :- Mahipal Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikas Tripathi Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Vivek Kumar Singh and Sri Mayank Yadav, learned Advocates on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Praveen, Nitin, Kuldeep, Pratap, Dadu, Mahipal, Viraj, Monu, Neeraj and Krishnapal Mallik, MLA alleging that on 29.10.2017 at 4:30 P.M. they except Krishnapal Mallik, MLA armed with gun, pistols and weapons entered in the house and shot fire indiscriminately. Sudesh received one injury of contusion caused by hard blunt object, Ramvir Singh received two firearm injuries and Amit died after receiving injuries.
It is submitted by learned counsel for the applicant that the applicant is an old person; he is languishing in jail since 13.3.2018 (more than one month) having no criminal history; co-accused Vivek @ Dadu, Nitin and Kuldeep have been enlarged on bail by this Court and case of this applicant is identical to them; it has also been submitted that there is a cross case being Case Crime No. 1197 of 2017 against Vikrant, Ramvit, Smt. Suman and three unknown persons under Sections 147, 148, 149 & 307 IPC and Dadu received firearm injury on his head; at this stage, it is not possible to decide who is aggressor; according to FIR, general role was assigned to all nine accused; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, 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 case of this applicant is identical to above co-accused who have 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mahipal involved in Case Crime No.1150 of 2017, under Section 147, 148, 149, 307,302, IPC, Police Station Baraut, District Baghpat 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 :- 24.4.2018 P.P.