Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56545 of 2019 Applicant :- Roshan Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Virendra Kumar Gupta, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Roshan Singh with a prayer to enlarge him on bail in Case Crime No. 138 of 2019, under Sections 302, 504 and 34 I.P.C., Police Station Kharela, District Mahoba.
F.I.R version shows that on the fateful day deceased was killed by named two accused persons and at that time the accused persons were in drunken state.
Learned counsel for the applicant has submitted that the statement of the complainant given to the Investigating Officer itself shows that the accused applicant were in drunken state and for no good motive the whole incident occurred. Co- accused Paapu has been assigned with the role of causing death of deceased by firing on him by katta whereas the accused applicant has been assigned the role of exhortation. Further submission is that after investigation charge sheet has been already submitted in this case and there is no possibility that the investigation being influenced by the accused applicant.
The postmortem report shows that the death has been occurred by fire arm injury on head. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant. He has, however, conceded that charge sheet has been already filed by the police.
Considering the submissions of both the sides the role of the accused applicant is only of exhortation and injury has been caused by co-accused. Considering the role of the accused applicant and also considering the fact that he has not caused the fatal injury, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2019 PS