Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45619 of 2018 Applicant :- Prem Shanker @ Parmai Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Prem Shanker @ Parmai seeking bail in Case Crime No. 232 of 2018, under Sections 307, 459 IPC, Police Station Bhuta, District Bareilly.
Learned counsel for the applicant has submitted that the applicant is not named in the first information report and his name has surfaced in the second statement of the first informant in which he has stated that applicant himself confessed before him that the firing upon his sister has not been done by co-accused Rampal and Ravi the nominated accused in the F.I.R. but he had tried to get the victim murdered by hired assassin Lavlesh.
Learned counsel for the applicant has next submitted that no specific role has been assigned to the applicant in causing any injury to the victim nor his presence has been specifically stated by the victim in her statement.
Learned counsel for the applicant has next submitted that neither in the first information report nor in the first statement of the first informant u/s 161 Cr.P.C. there is any whisper of the said fact as mentioned in the second statement regarding the participation of applicant in the present case which creates clouds of doubt about the involvement of the applicant in the present case.
Learned counsel for the applicant has next submitted that the applicant is in jail since 02.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid fact that the applicant is in jail since 02.10.2018 and he has no specific role assigned to him in the present incident.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Prem Shanker @ Parmai 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.11.2018 Ashok Gupta