Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1984 of 2018 Applicant :- Munna Kewat Opposite Party :- State Of U.P.
Counsel for Applicant :- P.K. Singh,Dev Prakash Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri C.P. Singh, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged by Sri Mohan, husband of the deceased (Gudiya) against five accused persons, namely, Munna, Puran, Surendra, Saheblal and Babloo alleging that on 28.7.2016, they killed the deceased. In the aforesaid F.I.R. specific has been made that Munna had shot fire on the deceased. She received one gun shot injury and died. During investigation, the name of Puran, Surendra, Saheblal,Munna and Babloo was surfaced. Charge-sheet was submitted against Munna and Mohan (Complainant), husband of the deceased. It was found that Mohan had killed the deceased with the help of Munna.
Learned counsel for the applicant submitted that applicant is languishing in jail since 18.7.2017 (more than one year and seven months) thirteen cases of criminal history have been properly explained. The applicant has been falsely implicated in the present case by the Police personnel due to enmity. There is no intention or motive to kill the deceased. Only husband of the deceased had intention to kill the deceased. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant further submitted that there is no possibility to get this decided in near future.
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 the applicant Munna Kewat involved in S.T. No. 94 of 2017, Case Crime No. 148 of 2016, under Section 302, 452, 504, 506 IPC and Section 7 of Criminal Law (Amendment) Act, Police Station-Mau, District-Chitrakoot be released on bail on furnishing a personal bond and two heavy 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 :- 27.2.2019 OP