Heard learned counsel for the applicant, Sri Anurag Shukla, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Mohd. Shakeel, Rihan @ Rashid, Sanney @ Safi, Rani @ Chanda and friend of Sanney alleging that on 17.5.2019 at 18:30 hours they assaulted Mohd. Sadik @ Pappu. He died receiving nine injuries, two fire arm injuries, lacerated wounds and contusions. Specifically stated that Sanney @ Safi and his friend assaulted the deceased by shot fire. During investigation, the names of so called friend of Sanney @ Safi, Rajesh and one Parvesh, who is brother of Chanda, were surfaced. According to postmortem report, cause of death was found ante-mortem fire arm injuries.
Learned counsel for the applicant submitted that co-accused namely Mohd. Shakeel has already been granted bail by this Court vide order dated 6.12.2019 in Bail No. 7660 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in the present case and languishing in jail since 21.5.2019 (near about seven months) having no criminal history. There is no legal and cogent evidence against the applicant. Even though main role of shot fire is assigned to Sanney @ Safi and country made pistol used in the crime was recovered at the pointing out of co-accused-Sanney @ Safi. The case of the applicant is distinguishable from the case of co-accused- Sanney @ Safi. General role has been assigned against other persons. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 Rihan @ Rashid involved in Case Crime No. 307 of 2019, under Section 302/34, 120-B IPC, Police Station-Kotwali, District-Sitapur 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 :- 19.12.2019 A. Singh