Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8505 of 2019 Applicant :- Rishabh Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Rai,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against 10- 15 unknown persons alleging that on 6.6.2018 at 1.30 p.m. they assaulted Bhupendra Singh, Sushil Gupta and Kamlesh. Sushil Gupta received four injuries, resultantly died. Bhupendra Singh and Kamlesh also received injuries but not dangerous to life. Later on, on the basis of CCTV footage, it was found that Rishabh Rai, Vikash Rai, Abhishek Kumar Yadav, Mayank Kumar Mishra, Anshu Singh @ Mahadev, Aman Raj, Prince Singh, Mukesh Singh, Vishal Singh, Lamboo, Shubham, Rahul Singh and Vikash Singh were seen in the market with lathi-danda. Statement of injured Kamlesh was recorded, he stated that Rohit @ Lamboo, Amanraj and Vikash Singh assaulted them and Vikash Kumar, Abhishekh Kumar Yadav, Anshu Singh, Subham Gupta, Vishal Singh and Rishabh Rai helped them.
It is submitted by learned counsel for the applicant that co- accused namely Ashu Singh @ Anshu Singh @ Mahadev has been granted bail by this Court vide order dated 3.1.2019 in Criminal Misc. Bail Application No. 49758 of 2018, 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 no intention or knowledge to kill the deceased. It was a case of sudden fight and incident has taken place in spur moment due to digging the road on the side of hostel. No specific role was assigned to applicant. According to statement of injured, the role of applicant only help the other accused persons. Applicant is the student and young boy. Applicant was not named in the F.I.R. The name of the applicant was disclosed after long time. After thought, the false story was developed with legal consultation. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 7.6.2018 (more than eight and half months) criminal history of two cases has been properly explained and 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 criminal history has been properly explained and the case of present applicant is identical to co-accused Ashu Singh @ Anshu Singh @ Mahadev who has been enlarged on bail.
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 Rishabh Rai involved in Case Crime No. 554 of 2018, under Sections 147, 149, 323, 504, 506, 307, 308, 353, 325, 332, 333, 302, 34 IPC & Section 7 Criminal Law Amendment Act, Police Station Lanka, District Varanasi 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 :- 27.2.2019 A. Singh