Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15008 of 2018 Applicant :- Neeraj Yadav @ Bittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against three unknown persons alleging that on 6.4.2016 they shot fire at Shyam Bihari Chaubey, resultantly died. During investigation, statement of one Kanhaiya Chaubey and other witnesses were recorded and they stated that due to previous enmity, Niraj Yadav, Vijay Singh @ Vikki and Sheshnag Tiwari have made conspiracy and they killed Shyam Bihari Chaubey.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. General role has been assigned against all accused persons. Only one gunshot injury was found on the body of deceased. There is no recovery from the possession of the applicant. Applicant was not named in the F.I.R. The name of applicant was disclosed by one Kanhaiya Chaubey. There is no independent witness against the applicant. There is no legal evidence against the applicant except the statement of one Kanhaiya Chaubey. He is languishing in jail since 25.6.2017 (near about nine 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 the applicant Neeraj Yadav @ Bittu involved in S.T. No. 608 of 2017 as well as Case Crime No. 55 of 2016, under Sections 302, 120-B IPC, Police Station Atrauliya, District Azamgarh 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 :- 24.4.2018 A. Singh