Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30127 of 2019 Applicant :- Robin Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Lal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Swetashwa Agarwal, Advocate on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, Sri Mayank Kishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Robin, Rajan, Saroj and Rajni and one unknown person alleging that on 17.4.2019 Gotam, son of the complainant, by Maruti Alto bearing registration no. UK04 AF 8462 was killed and Harish Kumar (complainant) and Bhanu had also received injuries by Maruti Car driven by co-accused Robin.
Learned counsel for the applicant submitted that co- accused namely Smt. Saroj has already been granted bail by this Court vide order dated 9.7.2019 in Criminal Misc. Bail Application No. 27247 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 this case and applicant is languishing in jail since 22.5.2019 (more than two months) having no criminal history. Nobody had killed the deceased and deceased was died in an accident. Maximum offence under Section 304-A I.P.C. is made out against the applicant. Even the number of the vehicle was also not shown in the F.I.R. Later on, it was disclosed by the complainant in the subsequent statement. There is no independent witness against the applicant 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 and submitted that in this incident two persons namely Harish Kumar and Bhanu have also received injuries. Applicant was main accused and he was driving said vehicle. There is some dispute between deceased and applicant since long.
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 Robin involved in Case Crime No. 133 of 2019, under Section 302/307/34 IPC, Police Station-Ganga Nagar, 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 :- 30.7.2019 A. Singh