Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8288 of 2018 Applicant :- Naubat Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Singhal,Ajit Kumar,Arvind Kumar Singh,Hemendra Pratap Singh,Saksham Srivastava,Shivendra Raj Singhal Counsel for Opposite Party :- G.A.,Saksham Srivastava
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri H.P. Gupta, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against four persons namely Naubat, Tarun @ Chillu, Varun and Teetu alleging that on 1.9.2017 at 21:00 hour at night they killed Vikki @ Vikram and injured Ashok Gaur by shooting with firearm. Vikki @ Vikram received one gunshot injury on chest and died on 1.10.2017 and injured Ashok Gaur received injury (4" x 1/2" fewer deep on right parietal region, saw rugged margins).Varun received injuries.
Learned counsel for the applicant submitted that injury received on the body of Ashok was not dangerous to life. Injured Ashok stated in his statement that Varun and Naubat opened fire at deceased. Only one gunshot injury was found on the body of deceased and it is not clear who had caused said injury to the deceased. Except the confessional statement, there is no legal and cogent evidence against the applicant to show that who was author of causing gunshot injury to the deceased. The applicant is languishing in jail since 3.9.2017(more than two years) having no criminal history. There is a cross case Crime No.714 of 2017 and at this stage it is not possible to decide who is aggressor. There is no independent witness. There is no possibility to get this case decided in near future due to heavy work load. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On this issue in compliance of previous order dated 1.3.2019, report of presiding Officer concerned was called for and Sri Sanjay Kumar-VII has sent report dated 26.4.2019 stating that only charge has been framed on 1.2.2019 and no statement of witnesses have been recorded. Inspite of order of this Court dated 1.9.2019 for deciding the case expeditiously under section 309 Cr.P.C., the trial is pending and applicant is languishing in jail for two years.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Naubat involved in Case Crime No.711 of 2017, under Section 323, 504, 506, 302,307 IPC, Police Station Banna Devi, 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 :- 30.9.2019 P.P.