Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55578 of 2019 Applicant :- Munesh @ Devendra Pal Singh @ Shastri Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Vakalatnama has been filed by Sri Ashutosh Pandey on behalf of informant and the same is taken on record.
Heard Sri Sudhakar Shukla, learned counsel for the applicant, Sri Ashutosh Pandey, learned counsel for informant and Sri Suraj Singh, learned brief holder for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in S.T. No. 519 of 2019 arising out of Case Crime No. 245 of 2019 under Sections 302 and 506 I.P.C., P.S. Khandauli, District Agra.
As per prosecution version as mentioned in F.I.R., the brother of the deceased has lodged this F.I.R. stating therein that two unknown persons had come in Swift Vehicle ( without any registration number). They made fire upon his brother (deceased) which hit him in his eye and the said occurrence was seen by his brother who tried to catch hold of the assailants but they fled from the spot.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; learned counsel for the applicant has stated that accused is not named in the F.I.R. He has been falsely implicated subsequently on the statement of co-accused, Anil Baghel who has named him to be involved in this occurrence. Role of the accused is that he has simply pointed out towards the deceased and has further pointed out that the main assailant had made fire upon him. Co-accused, Anil Baghel has already been granted bail by Coordinate Bench of this Court vide order dated 21.10.2019 in Criminal Misc. Bail Application No. 43623 of 2019 documents regarding which is annexed at page nos. 41 to 42 of paper book. Weapon of assault was also recovered from co-accused, Kaptan Singh who is co- accused while no incriminating article/weapon has been recovered from the present accused applicant; accused has no criminal history; accused is lying in jail since 27.07.2019; if the accused is released on bail, he will not misuse the liberty of bail.
On the other hand, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer of bail and argued that accused applicant has strong motive to eliminate the deceased because the sister of the applicant was married to the deceased and few days prior of the occurrence, the applicant had given threat to the deceased that he would kill the deceased. In pursuance of that, conspiracy was hatched by the applicant and this occurrence was given effect to in which deceased had died.
Looking to the fact that name of the accused applicant and other co-accused have not been mentioned in F.I.R. despite the fact that in F.I.R., it is mentioned that there were two eye-witnesses of occurrence and both were close relatives of the informant and also looking to the fact that there is no recovery made from the accused applicant of any incriminating article/weapon, quantum of the punishment, nature of the offence, period of detention in jail and also on the ground of parity, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Munesh @ Devendra Pal Singh @ Shastri involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 A. Mandhani