Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23383 of 2019 Applicant :- Ravi @ Rabbi Opposite Party :- State Of U.P. Counsel for Applicant :- Priyanka Devi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Ravi @ Rabbi, who is involved in Case Crime No. 66 of 2019, under Sections 307, 504 I.P.C., P.S. Charkhari, District Mahoba, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, whereas injured, in her statement recorded under Section 161 of Cr.P.C. has specifically said that there was exchange of firearm shot in between Ravi, Pankaj and Umesh on one side and Satyaveer Singh Yadav on other side and whose firearm shot hit her was not known to her. Accused- applicant is of no criminal antecedent. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that three accused were named in F.I.R. and each of them were said to have made firearm shots towards Satyaveer and whose firearm shot hit the injured Savitri Devi was known to her. Meaning thereby, it was not sure that who was the author of above injury caused to Savitri Devi. Savitri Devi was having injury of lacerated wound of entry 2cm x 1.5cm in size muscle deep present just above and lateral from pubic symphysis, 15 cm below from umblicus and 2cm at side of midline collor of abrasion and blackening present around wound. Bleeding present from wound at lower abdomen. Meaning thereby, it was a close range shot resulting effect of blackening, but injured could not say that who gave this shot. Accused-applicant is of no criminal antecedent.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and 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 Ravi @ Rabbi, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 M. ARIF