Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30395 of 2019 Applicant :- Pawan Kumar Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Pandey Balkrishna Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Shambhavi Nandan, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Sri Shambhavi Nandan, learned counsel for the complainant, Sri Mayank Kishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Professor Rayana Singh, Ashutosh Tripathi, Rupesh Tiwari, Kumar Manglam and Vinay Dwivedi and 2-3 unknown persons alleging that Gaurav Kumar was shot dead on 2.4.2019 at 19:00 hours in B.H.U. Campus. He died receiving two gun shot injuries. During investigation, the names of Pawan Kumar Mishra, Rupesh Varma @ Professor, Raja Dubey @ Ravan and Prashant Tiwari were surfaced and country made pistols used in the crime were recovered from Rupesh Tiwari, Rupesh Varma @ Professor and Raja Dubey @ Ravan. Rupesh Varma @ Professor and Raja Dubey @ Ravan had confessed the guilt and stated that they killed the deceased by shot fire.
Learned counsel for the applicant submitted that applicant is languishing in jail since 21.3.2019 (about four months) having two cases of criminal history, which have been properly explained. He is a student of M.C.A. At the time of incident he was in jail. Maximum offence under Section 120B I.P.C. is made out against the applicant. Main role of shot fire has been assigned to Rupesh Varma @ Professor and Raja Dubey @ Ravan and illegal arms were also recovered from them. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. The case of the applicant is distinguishable from the case of co-accused Rupesh Varma @ Professor and Raja Dubey @ Ravan. At the time of incident the applicant was in jail; hence Section 120B I.P.C. was roped against the applicant.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 Pawan Kumar Mishra involved in Case Crime No. 429 of 2019, under Section 147, 148, 149, 302, 34, 120B IPC and Section 7 of Criminal Law Amendment Act, Police Station-Lanka, District- Varanasi 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 :- 30.7.2019 OP