Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22637 of 2019 Applicant :- Rajkumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged by Mamta Devi, the daughter of the deceased, against five persons including the applicant. In the F.I.R. it has been mentioned that the applicant and other co accused surrounded the deceased. The applicant, co accused Sri Krishna, Anil @ Pappu caught hold the deceased and co accused Munish caused injury to the deceased on her neck with banka and the co accused Viresh fired upon the deceased due to which she died. It has been further submitted that only role of catching hold to the deceased has been assigned to the applicant. The applicant has not caused any injury to the deceased. No weapon has been shown in the hands of the applicant. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. False allegation has been made against the applicant. The case of applicant is distinguishable from the case of co accused Munish and Viresh. There is no criminal history of the applicant and is in jail since 3.12.2018.
Per contra, learned AGA opposed the prayer 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 Rajkumar involved in Case Crime No. 914 of 2018, under Section 147, 148, 149, 302 IPC and 7 Criminal Law Amendment Act Police Station Tilhar District Shahjahanpur 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 :- 29.5.2019 Gss