Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7915 of 2019 Applicant :- Rohit Opposite Party :- State Of U.P.
Counsel for Applicant :- Lavkush Kumar Bhatt 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 three accused persons, namely Rohit, Manoj, Tinku Shukla and one unknown person alleging that on 20.10.2018 at 21.45 they shot fire at Arpit Chauhan @ Ashu Chauhan, he received two gun shot injuries, resultantly died. During investigation, statement of four persons including complainant were recorded, they stated that Tinku Shukla shot fire at Arpit Chauhan, he received two injuries.
It is submitted by learned counsel for the applicant that co- accused namely Manoj Rajpoot has already been granted bail by this Court vide order dated 14.2.2019 in Criminal Misc. Bail Application No. 4636 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. Main role of firing was assigned to co- accused Tinku due to which he died. There is general allegation against the applicant. Incident took place at night. No body has seen the incident. There is no independent witness and no eye witness account. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 22.10.2018 (more than 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 and submitted that main role of firing was assigned to co-accused Tinku Shukla.
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 Rohit involved in Case Crime No. 1141 of 2018, under Sections 147, 148, 149, 302, 34 IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali Farrukhabad, District Farrukhabad 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 :- 25.2.2019 A. Singh