Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11563 of 2018 Applicant :- Raja Opposite Party :- State Of U.P.
Counsel for Applicant :- Devesh Vikram,Ram Ashish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against two accused persons, namely, R.K. Mishra and Raja; alleging that on 1.4.2016, applicant catching hold the injured and co-accused shot fire at Shyamkishor Dubey, he received injured on his neck.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offence under Section 307 IPC is not made out against the applicant. Role is assigned against the applicant only catching hold. Main role of causing firearm injury is assigned to co- accused R.K. Mishra. Injuries found on the body of the injured are not dangerous to life. He is languishing in jail since 12.3.2018 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Rajesh Mishra has been granted bail by co-ordinate Bench of this Court on 15.7.2016 vide Criminal Misc. Bail Application No. 23526 of 2016; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Raja involved in Session Trial No. 255 of 2016 arising out of Case Crime No. 150 of 2016, under Section 307 IPC, Police Station Friends Colony, District Etawah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018 A. Singh