Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3058 of 2019 Applicant :- Rohit Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The contention of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. The first information report of the alleged incident was lodged against five persons including the applicant making general allegation. Smt. Ram Bala and Raghunath Singh, sister and brother-in-law of the deceased are said to be the eye witnesses of the alleged incident. In their statements it has come that the co-accused Raj Pal and Satya Jit caused injury to the deceased with fire arm. In post mortem report one gun shot wound of entry with its exit wound has been found to the deceased. The injury no. 3 is on eyelid and injury no. 4 relates to injury no. 1. The applicant has not caused any injury to the deceased. The informant Raghaw Das is not an eye witness of the alleged incident. He has lodged the F.I.R on the information of his sister Ram Bala. There is enmity in between the family of the applicant and the sister of deceased Ram Bala due to which the applicant has been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 13.11.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Rohit involved in Case Crime No.756 of 2018, under Section 147, 148, 149, 302 IPC Police Station Shahabad District Rampur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 22.1.2019 Gss