Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40318 of 2019 Applicant :- Rajendra Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Dwivedi,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
After detailed argument attention of the court was engaged to the various pieces of eye-witness account of prosecution witnesses as recorded under Section 161 Cr.P.C. of Kashav Modanwal and Sangam Jha, wherein, the role of causing assault has been attributed to one co- accused- Kripa Shanker, who caused blow with fists due to which the deceased- Sunil Yadav- died. The complicity of the applicant cannot be fixed merely on account of he being present on the spot overlooking fact that at that point of time he was on Government duty. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 20.5.2019 in the present case.
The learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid contents regarding the statement of the eye-witnesses.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Rajendra Shukla involved in case crime no.267 of 2019, under Section 304 IPC, Police Station Shjanva, district Gorakhpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Advantage of this bail order shall not go to co- accused- Kripa Shanker.
Order Date :- 27.9.2019/Raj