Heard Shri D.S. Mishra, learned Senior Counsel assisted by Shri Chandrakesh Mishra, learned counsel for the applicant, Shri Amit Krishna, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Pankaj Singh @ Deepu Singh in Case Crime No. 303 of 2019, under Sections 302, 147, 148, 149, 504, 506, 120-B I.P.C. & section 7 The Criminal Law Amendment Act, P.S.- Kotwali Bansi, District - Siddharth Nagar.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. Further submission of the learned counsel is that from the perusal of the F.I.R. itself it appears that firstly the accused applicant has been assigned the role of exhortation and in the last of the F.I.R., it has also been stated that the accused applicant is conspirator and on being conspired the death has been caused. Submission of the learned counsel is that there is criminal history of 3 cases and in all those 3 cases accused application has already been released on bail and in one case which is registered under U.P. Gangster Act is pending. Submission of the learned counsel is that the U.P. Gangster Act was imposed on the applicant on the basis of this very case. Further submission is that F.I.R. has been filed against 5 accused persons, out of which accused Anmol has been assigned role of firing and accused Vinod has been assigned the role of exhortation and it has been sated that Upendra Singh was accompanying the accused applicants at the time of incident and they have been granted bail by the coordinate Bench of this Court and bail orders are annexed with rejoinder affidavit. Submission of the learned counsel is that the role of accused applicant is of exhortation and conspiracy. The case of accused applicant is on identical footing to that of co-accused Vinod who has also been assigned similar role and has been granted bail by this Court. It is further submitted that charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 19.11.2019 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for the informant and learned A.G.A. has vehemently opposed the prayer of bail and it has been submitted that the accused applicant is the main conspirator who managed a pistol from one Deepak which was used in the commission of the crime. Therefore, it has also been submitted that his case cannot be considered on the identical footing with those accused persons who have already been granted bail. Further submission is that the informant side have received phone calls from the accused applicant in which threatening have been given. Learned counsel for the informant and learned AGA have submitted that in the facts and circumstances of the case, the accused applicant does not deserve sympathy and his bail application should be rejected.
In reply to this, learned Senior Counsel submits that the pistol which has been alleged to have been obtained by the accused applicant was never obtained by him and it has come only in the confessional statement of one Deepak from whom pistol was obtained and he stated that Vinod and Anmol Singh came to him and took his pistol prior to the incident. Therefore, submission of the learned counsel is that this is not correct that the accused applicant obtained the pistol and moreover, merely on the basis of confessional statement of said Deepak, this cannot be imputed on the accused applicant.
Having heard the submission of learned counsel of both sides, considering the fact that 3 co-accused persons have been granted bail by the coordinate Benchs of this Court and one of the co-accused who have been granted bail was assigned the role of firing, although the fatal shot was shot by co-accused Neeraj Singh. Moreover, at this stage, a conclusive finding is not possible on the point of conspiracy, as in the statement of Deepak it has not been mentioned that at any point of time the accused applicant obtained pistol from him, if at all the pistol was obtained, it was obtained by Anmol and Vinod. The accused applicant is in jail from last more than 14 months and considering the fact that the main accused Neeraj Singh fired the fatal shot and he is in jail and the role of the accused applicant is distinguishable from the role of co-accused Neeraj Singh, without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Pankaj Singh @ Deepu Singh be released on bail in Case Crime No. 303 of 2019, under Sections 302, 147, 148, 149, 504, 506, 120-B I.P.C. & section 7 The Criminal Law Amendment Act, P.S.- Kotwali Bansi, District - Siddharth Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison Order Date :- 27.1.2021 Bhanu