Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38585 of 2019 Applicant :- Rinku Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.,Abhay Pratap Singh
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Deepak, Pinnu, Sonu, Joni, Rinku and one unknown person alleging that on 30.5.2019 due to money dispute, Deepak shot fire at Gopal, he received one gunshot injury, resultantly died. During investigation, name of Javed was surfaced and one countrymade pistol used in the crime was recovered at the pointing out of co-accused Deepak.
It is submitted by learned counsel for the applicant that co-accused namely Sonu has already been granted bail by this Court vide order dated 21.8.2019 in Criminal Misc. Bail Application No. 32341 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 is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. Main role of firing was assigned to co- accused Deepak. The case of applicant is distinguishable from co-accused Deepak. There is no independent witness and no legal evidence against the applicant. Only one gun shot injury was found on the body of deceased caused by co-accused Deepak. Incident took place at night, nobody has seen the incident. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 4.6.2019 (near about four months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
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 applicant Rinku Kumar involved in Case Crime No. 215 of 2019, under Sections 302/34 IPC, Police Station Ganganagar, District Meerut 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 :- 30.9.2019 A. Singh
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38585 of 2019 Applicant :- Rinku Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.,Abhay Pratap Singh
Hon'ble Aniruddha Singh,J.
Affidavit of compliance filed today is taken on record.
In compliance of order dated 24.9.2019, Ajay Kumar Sahni, Senior Superintendent of Police, Meerut has filed his personnel affidavit stating therein that an inquiry was conducted against erring officials and warned for future.
Explanation is satisfactory.
It is expected that he will take care in future. No further action is required.
Order Date :- 30.9.2019 A. Singh