Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29968 of 2019 Applicant :- Mukhiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 14.5.2019, some unknown person killed Ajay (brother of complainant) by shot fire, he received one gunshot injury. During investigation, names of Ayush Sharma, Manish Jatav, Sunil, Mukhiya and Omprakash @ Lamboo were surfaced and it was found that due to some dispute between Ayush Shrma and deceased, Manish Jatav shot fire at deceased with the help of other accused persons. Countrymade pistol used in the crime and mobile of deceased were recovered at the pointing out of co-accused Manish Jatav. Motive is against co-accused Ayush Shrma.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Main role of firing was assigned to co-accused Manish Jatav and motive is against co-accused Ayush Sharma. The case of applicant is distinguishable from co- accused Manish Jatav and Ayush Sharma. There is no independent witness and no legal evidence against the applicant except confessional statement of applicant and co-accused before police personnels. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 22.5.2019 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 applicant has no criminal history.
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 applicant Mukhiya involved in Case Crime No. 104 of 2019, under Sections 147, 148, 149, 302, 323, 120-B, 427, 404, 34 IPC, Police Station Thariyaon, District Fatehpur 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 :- 26.7.2019 A. Singh