Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36246 of 2018 Applicant :- Pushpendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Singh,Narendra Kumar Singh Counsel for Opposite Party :- G.A.,Arun Kumar Sharma,Rakesh Kumar
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Pushpendra Singh, in Case Crime No. 138 of 2016, under Sections 147, 148, 149, 307, 302 IPC, Police Station-Kurrah, District- Mainpuri.
Sri N.K. Singh, learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 20.12.2020; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. First information report was got lodged after a delay of about 24 hours by Ram Saran; six persons were named as accused; they all were said to have given firearm shot; Mohar Singh was said to be crushed by Maruti car, who was driving this car, was not there; applicant has been assigned to be armed with 12 bore gun, who gave fatal injury to deceased, is not there; all of them was said to have given firearm shot resulting death of Mohit Singh and three other injured were there, whereas injury of Mohit Singh written in autopsy examination report filed at page-28 is one wound of entry over the left chest anterior axillary line with blackening present around it and it was of 1.5 cm x 1.5 cm dimension, which may never be of 12 bore gun wound, rather it may either by Rifle or by Pistol or by Revolver, for which, applicant is not being alleged; other injuries are over wrist, one is blackening abraded contusion and two are laceration over the tips of foot toes; other injured in their statement, had categorically said that applicant was armed with 12 bore gun; specific role is not there; civil dispute is admitted fact; case pending in between written in FIR; applicant is languishing in jail since last six years, but trial could yet not be concluded. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent.
Having heard and gone through materials placed on record, considering all above facts and circumstances, applicant is languishing in jail since last six years and trial could yet not be concluded, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Pushpendra Singh, 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.
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 :- 16.12.2021 Dhirendra/