Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44896 of 2018 Applicant :- Munna @ Kunwar Bahadur Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Munna @ Kunwar Bahadur Singh seeking bail in Case Crime No. 231 of 2018, under Sections 307,504,506 IPC, P.S. Khaga, District Fatehpur.
Learned counsel for the applicant has submitted that even according to the prosecution own case, the incident is said to have taken place in the dark night and the victim was sleeping outside the house. General role of firing has been assigned to as many as three persons. Learned counsel for the applicant has next submitted that similarly placed co- accused, namely, Malkhan Singh has already been granted bail by this Court in Criminal Misc. Bail Application no. 41081 of 2018 vide order dated 27.10.2018. Learned counsel for the applicant has further submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 2.9.2018 and in case the applicant is released on bail he 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 applicant.
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 applicant has made out a case for bail.
Let the applicant Munna @ Kunwar Bahadur Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties (Rs. Two lacs each) (one should be of a family member), subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant 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 :- 27.11.2018 R