Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22538 of 2021 Applicant :- Raja @ Rana And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar,Urmila Shukla Counsel for Opposite Party :- G.A.,Pradeep Kumar
Hon'ble Ajit Singh,J.
The present bail application was filed through e-Filing. Since the normal functioning of the Court resumes and learned counsel are appearing on behalf of their respective parties in the Court. The Court heard the matter physically after taking additional copy of the bail application from learned counsel for the applicant the case is taken up physically.
Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime no. 409 of 2020, under Sections 147, 148, 149, 307, 34, 302, 504 and 506 I.P.C., P.S. Bindki, district-Fatehpur and are in jail since 29.9.2020, are seeking enlargement on bail during the trial.
As per F.I.R. lodged by the Govind Kumar, on 24.9.2020 at about 1:45 AM in the night when his elder brother Prem Shankar @ Mauna was sleeping under the tin shed, due to the previous enmity because of financial dispute between the two sides, accused applicant and co-accused who were nine in numbers came there armed and opened fire upon the deceased Prem Shankar @ Mauna by which he died on the spot. After hearing the sound of fire, informant and his mother Gaura Devi who were sleeping inside the house came charging and saw in the light of electricity that all the accused were there who were indentified and they were having fire arm in their hands and co-accused Dinesh was aiming firearm upon his brother and all the said persons had, after having seen informant and his mother, stated that they all should be killed and at this exhortation, co-accused Dharmendra opened fire upon the informant and after that informant and his mother fled inside their house in order to save their lives. Thereafter accused fled from the scene of occurrence. In post-mortem report, two fire arm wounds are found to have been sustained, one at the mouth and other on the chest, which were the cause of death of the deceased.
It is submitted by learned counsel for the applicants that similarly placed co-accused Om Prakash @ Gapochi and Maharajeen @ Ghapada have already been enlarged on bail by another Bench of this Court vide order dated 8.4.2021 passed in Criminal Misc. Bail Application no. 11121 of 2021. He further submitted that since the role of the applicants is identical to that of co-accused Om Prakash @ Gapochi and Maharajeen @ Ghapada who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A., as well as learned counsel for the informant. However, the aforesaid factual aspect of the matter has not been disputed by them.
Considering the submissions made by learned counsel for the applicants as well as learned A.G.A., this Court is of the view that the applicant have made out a case for grant of bail on the ground of parity.
In view of the above, let the applicants, Raja @ Rana and Puttan be released on bail in the aforesaid case on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :-
(a) The applicants shall attend the court according to the conditions of the bond executed by them.
(b) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 Faridul Digitally signed by Justice Ajit Singh Date: 2021.08.19 17:13:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad