Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40634 of 2018 Applicant :- Omkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Radhey Shyam Shukla and Sri Vipul Shukla and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Omkar in Sessions Trial No. 388 of 2018 arising out of Case Crime No.80 of 2018, under Sections 504, 427, 302, 307, 34 I.P.C. and 7 of Criminal Law Amendment Act, Police Station Banda, District-Shahjahanpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that there are cross versions and both the sides have sustained injuries. From the side of the prosecution one person died who has sustained solitary gunshot wound of entry and exit whereas co-accused,Virendra on the defence side also sustained firearm injury on his chest and he was also medically examined. It is further submitted that general role of firing has been attributed to nine accused persons whereas the deceased has sustained solitary injury. He has further submitted that when the applicant was juvenile, he was falsely implicated in a murder case in which he is on bail. There is no early prospect of conclusion of trial. It is pointed out that co-accused-Virendra has been granted bail by this Court in Criminal Misc. Bail Application No. 37319 of 2018 vide order dated 4.10.2018. So, the applicant, who is in jail since 18.08.2018, also deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant has criminal history to his credit, therefore, he is not entitled to be enlarged on bail. However, they could not dispute that there is cross version of his side.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Omkar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018 MN/-