Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21606 of 2021 Applicant :- Rahul Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Kumar,Shyam Kishore Tripathi Counsel for Opposite Party :- G.A.,Pankaj Bharti
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 311/2020, under Sections 302, 34 IPC, police station Binauli, District Baghpat with the prayer to enlarge the applicant on bail.
According to prosecution version on 28.10.2020 at 7.30 p.m. applicant and co-accused Rabin, Amit @ Meet and Garv came at the disputed land and started damaging platform of joint family land by JCB and thereafter applicant and co-accused Garv caught hold of deceased Sonu, whereas co-accused Rabin and Amit @ Meet have fired shots at deceased and resultantly deceased died of firearm injuries.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The only role assigned to the applicant is that of catching hold but the same does not appear reliable. It was submitted that deceased has sustained blackening and tattoing on his body, which shows that deceased was fired from close range and that it is not probable that at that time deceased might have been held by applicant and co-accused Garv. Learned counsel for the applicant further submits that applicant has no concern with the land in dispute and infact the alleged land was purchased by co- accused Amit and thus applicant has no motive to commit the murder of the deceased. It has been submitted that infact co- accused Amit wanted to lease out the said land to applicant and applicant was falsely implicated merely due to this reason. It has further been argued that the applicant is in judicial custody since 29.10.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and argued that applicant is named in the FIR and that the murder of deceased was committed in a planed way. It has also been submitted that bail of co-accused Amit has already been rejected.
Perusal of the record shows that only role assigned to applicant is of catching hold of deceased and that applicant has no concern regarding the disputed land and that dispute was between co-accused Amit and informant. The bail application of co-accused Amit has been rejected but he has been assigned role of firing, whereas role of applicant is of mere catching hold.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Rahul involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 30.7.2021 Ujjawal