Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26032 of 2021 Applicant :- Om Prakash @ Billu Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Singh,Jitendra Pal Singh Counsel for Opposite Party :- G.A.,Atul Pandey
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The FIR was lodged against five accused persons including applicant alleging that on the night of 07.04.2021, applicant and four co-accused persons trespassed into house of first informant and committed murder of his mother and caused injuries to his father Shanker Lal. It was stated that as per post- mortem report of deceased, she has sustained two injuries and that as per statements of injured witness as well as other eye- witnesses, the role of causing injuries to deceased has been assigned to co-accused Harishchand. Learned counsel has referred the statement of injured Shanker Lal, who has stated that co-accused Harishchandra has given Farsa blow at the deceased and when he (injured Shanker Lal) tried to run away, applicant and co-accused Nanhe Lal, Ram Prasad and Madan Lal caused injuries to him. It was further submitted that in fact applicant was outside the house of first informant and he was falsely implicated due to enmity. No recovery of any weapon has been shown from applicant. It has been submitted that the applicant is languishing in jail since 16.04.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in FIR. It was submitted by learned counsel for the first informant that injured witness has clearly stated that applicant was involved in causing injuries to him. It was also stated that earlier the first informant, his father and brother were accused in the murder of father of accused/applicant and that this incident was committed due to this reason and thus, applicant has motive to commit this incident.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 the applicant Om Prakash @ Billu involved in Case Crime No.128 of 2021, under Sections 147, 148, 149, 452, 307, 302 IPC, P.S. Madhotanda, District Pilibhit, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 Neeraj