Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7527 of 2019 Applicant :- Pramod Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Singh Counsel for Opposite Party :- G.A.,Arvind Kumar Upadhyay,Shashi Shekhar Mishra
Hon'ble Aniruddha Singh,J.
S/Sri Arvind Kumar Upadhyay and Shashi Shekhar Mishra, Advocates filed their Vakalatnama on behalf of the complainant is taken on record. Supplementary affidavit filed today is also taken on record.
Heard learned counsel for the applicant, S/Sri Arvind Kumar Upadhyay and Shashi Shekhar Mishra, learned counsel for the complainant, Sri P.K. Srivastava, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 13.10.2018 against unknown person alleging that on 12.10.2018, they shot fire on Shreeprakash Singh. He received one gun shot injury and died. Later on, one co-accused Ajay @ Shankar was arrested by the Police personnel and one country made pistol was recovered from him and he had disclosed that Pramod, Rakesh Chaubey and Bullet Chaubey were also indulged in this crime.
Learned counsel for the applicant submitted that applicant is languishing in jail since 21.12.2018 (more than two) two cases of criminal history have been properly explained. The applicant is innocent and has been falsely implicated in the present case. There is no legal evidence against the applicant except the confessional statement before the Police personnel by the co- accused. The applicant is not named in the F.I.R.There is no eye witness account against the applicant. There is no independent witness against the applicant. During investigation, it was found that the deceased was shot fire by co-accused Ajay, who was hired. There is no recovery on the pointing out of the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant submitted that other shooters were hired by the applicant and Rs.1,20,000/- was given to the shooters and Pramod and Bullet Chaubey are also shooters and on mobile call of details during investigation conversation was found.
Learned A.G.A. 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 Pramod involved in Case Crime No. 169 of 2018, under Section 147, 149, 302/34 IPC, Police Station- Jamania, District-Ghazipur 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 :- 25.2.2019 OP