Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7401 of 2018 Applicant :- Mohit Opposite Party :- State Of U.P.
Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against two accused persons, namely, Shivam and Vijay and two unknown persons; alleging that on 1.1.12017 they shot fire at the injured Banti Verma, he received one firearm injury. During investigation, it was found that Mohit (applicant) and Aman who are the friend of Shivam and Vijay and co- accused Aman shot fire at Banti Verma.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Main role of causing fire arm injury is assigned to co-accused Aman. Offence under Section 307 IPC is not made out against the applicant. Injuries found on the body of the injured are simple in nature except one injury and are not dangerous to life. Criminal history of the applicant has been properly explained. He is languishing in jail since 11.5.2017 (more than nine and half month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Shivam and Vijay @ Vinay have been granted bail by co-ordinate Bench of this Court on 17.8.2017 vide Criminal Misc. Bail Application Nos. 11155 of 2017 and 11122 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
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 criminal history of the applicant has been explained.
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 Mohit involved in Case Crime No. 02 of 2017, under Sections 307, 504, 506 IPC, Police Station Khair, District Aligarh 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 :- 26.2.2018 A. Singh