Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3200 of 2021 Applicant :- Pankaj Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Pandey,Devottam Pandey,Rajesh Kumar Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
The present bail application has been moved by applicant- Pankaj Sharma to release him on bail in Case Crime No. 355 of 2020, u/s 302 I.P.C., P.S.- Kotwali, District- Ballia.
Heard learned counsel for the applicant and learned A.G.A. for the State through video conferencing and perused the record.
Learned counsel for the applicant argued that the first information report was lodged against unknown persons u/s 307 I.P.C. and after death of injured the case was converted u/s 302 I.P.C. The name of the applicant came into light in the statement of arrested accused, namely, Raj Singh and Govinda Singh and except the confessional statement of co-accused there is no other cogent evidence against the applicant to connect him with the alleged offence. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that the co-accused, Raj Singh has been enlarged on bail vide order dated 27.1.2021 passed in Cri. Misc. Bail Application No. 5425 of 2021 and other accused, Govinda Singh has also been enlarged on bail vide order dated 17.2.2021 passed in Cri. Misc. Bail Application No. 5920 of 2021. It has further been submitted that the applicant has not caused any injury to the deceased and only one gun shot injury has been found on the body of the deceased. The criminal history of the applicant has been explained in para-7 of the supplementary affidavit dated 31.1.2021 and in para Nos. 3, 4 and 5 of second supplementary affidavit dated 16.3.2021. It is further submitted that the applicant has not committed the alleged offence and he is languishing in jail since 26.10.2020.
Per contra, learned AGA has vehemently opposed the prayer for bail and argued that there is criminal history of the applicant.
Considering all above facts and circumstances of the case, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant- Pankaj Sharma, involved in above mentioned case crime number, be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.5.2021 Vandana