Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17770 of 2019 Applicant :- Rahul @ Kabootar Opposite Party :- State of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Supplementary and counter affidavits filed today, are taken on record.
Heard learned counsel for the applicant, Sri Akhilesh Singh learned counsel for the informant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and have been falsely implicated in the present case due to some ulterior motive. He further submitted that according to the first information report the informant on 5.4.2018 at about 10:20 am alongwith the daughter-Bhawana (deceased), Rajani wife of Rajendra Pratap and Archna wife of Pancham were going to District Court, Mainpuri then suddenly on the place of Bichchiya Road crossing Shivam Chauhan, Pawan Chauhan son of Madan Chauhan and Banti Chauhan son of Vishram Singh came on motorcycle and shoot his daughter Bhawana. It is further contended that the applicant is not named in the FIR. After investigation, Investigating Officer exonerated the nominated accused of FIR and the accused falsely implicated on the basis of statement of one-Kuldeep who is not an eye witness in this case. It is further submitted that the accused confessed their guilt before Kuldeep. On this account, learned counsel for the applicant submits that there is no evidentiary value on the confessional statement of the applicant before Kuldeep. Co-accused Piyush Mehlotra@Baba and Guddu Chauhan have already been released on bail by the another Bench of this Court vide order dated 14.5.2019 passed in Crl. Misc. Bail Application No. 17402 of 2019. Learned counsel for the applicant submitted that although he had criminal history of several cases but the same have been explained by means of para-2 of the supplementary affidavit. It is also submitted that the applicant has no concern with the murder of deceased-Bhawana. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence and he is in jail since 19.11.2018. Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, namely, Rahul @ Kabootar involved in Case Crime No. 395 of 2018, under Sections 302, 120B IPC, Police Station Kotwali, District Mainpuri, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.11.2019 Ankita