Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4091 of 2019 Applicant :- Mohan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants, Mohan and Monti seeking bail in Case Crime No. 41 of 2018, under Sections 147, 148, 149, 302, 504, 506 IPC, P.S.
Saroorpur, District Meerut.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has next submitted that even according to the prosecution own case, Mitan Kumar lodged an F.I.R alleging therein that in the year 2016, Sujit, Sumit, Sanjay and Ashok murdered Chetan alias Bhoora by opening fire on him and with regard to the said incident, the case is pending in the court of Sessions Judge, Meerut. Savitri Devi was witness in that case and the accused persons were pressurising, Savitri Devi not to give statement in the court. On 3.2.2018 at 10.30 a.m. when the complainant, Savitri Devi, Meenu, Rekha and Pooja were cutting the sugarcane in the field, the applicants alongwith co-accused persons, namely, Atul, Brahma, Sujit, Jagvir, Jaypal, Vipin, Sanjay, Ashok, Kuldeep, Ankit, Sagar came out from sugarcane crop armed with illegal weapon and started indiscriminate firing due to which Savitri Devi suffered injuries and died. Learned counsel for the applicants has next submitted that the applicants were not an accused in the earlier case, therefore, no question of pressurising the witness arises. Learned counsel for the applicants has next submitted that general role has been assigned to as many as 14 persons of opening indiscriminate fire but only one person i.e. Savitri Devi has suffered two gun shot injuries. The author of the said injury has not been specified. Learned counsel for the applicants has next submitted that similarly placed co-accused, Brahma alias Raj Aryan has already been granted bail by this Court in Criminal Appeal No. 5037 of 2018 vide order dated 13.12.2018.
It is lastly submitted that the applicants have no other criminal history to their credit and the applicants are in jail since 6.2.2018 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicants, Mohan and Monti be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 R