Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17867 of 2019 Applicant :- Rajesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Dharmendra Pratap Singh, learned counsel, filed vakalatnama on behalf of the complainant, let it be taken on record.
Heard learned counsel for the applicant, learned AGA learned counsel for the complainant and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged by Manoj, brother of the deceased, on 8.11.2018 at 12:07 hours against four persons including the applicant mentioning therein that on 7/8-11.2018 at 9.30 p.m. the younger brother of the complainant namely Anuj Kumar and his friend Teenu were coming to their houses from Gher. On the road the applicant and other co-accused persons were burning crackers. The deceased Anuj Kumar raised objection thereafter Avind and Pankaj caught hold the deceased and the co-accused Pradeep fired upon the deceased due to which he sustained gun shot injury and died in hospital on 19.12.2018 after more than one month during the treatment. During investigation, the statement of deceased Anuj Kumar was also recorded by the Investigating Officer in which he has stated that the co-accused Pradeep fired upon him due to which he became unconscious. Teenu @ Dushynt who was with Anuj Kumar ( the deceased) has stated in his statement that some hot talk has taken place in between the deceased and Pradeep. In this incident Anuj Kumar has sustained gun shot injury. In his second statement, he has stated that he has seen pistols in the hands of Pradeep and Pankaj. Shubham is said to be the eye witness of the alleged incident. In his statement Subham has stated that Pankaj, Arvind, Pradeep and applicant have committed marpit with the deceased and Teenu. It has further been submitted that at the time of medical examination two injuries have been found on the person of the deceased. According to the post mortem report stitch mark of 1.5 cm x 1 cm. present on left eye brow. One metallic bullet found on right maxillary bone at root. It has been further submitted that the applicant has not caused any injury to the deceased. The deceased Anuj Kumar and injured Teenu @ Dushyant in their statements recorded under section 161 Cr.P.C.
have not made any allegation for causing injury to them against the applicant. The deceased Anuj Kumar has made specific allegation against the co-accused Pradeep for causing injury to him with fire arm. Bullet has also been recovered during post mortem examination from the body of the deceased. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out and has been falsely implicated in this case due to being father of the co-accused Pradeep. He has not committed the alleged offence. There is no criminal history of the applicant and he is in jail since 12.12.2018.
Per contra, learned AGA and learned counsel for the complainant have opposed the prayer for bail and argued that the applicant is named in the F.I.R. During treatment the statement of Anuj Kumar, the deceased, was also recorded by the I.O. A vedio clip to this connection was also prepared by the informant. The deceased in his statement has stated that the applicant Rajesh has assaulted with iron rod on his head. The Investigating Officer has not mentioned this fact in the statement of deceased Anuj Kumar. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Rajesh involved in Case Crime No.481 of 2018, under Section 302, 323, 504, 506 IPC Police Station Shahapur District Muzaffar Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.4.2019/Gss