Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43445 of 2018 Applicant :- Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Dwivedi,Ajay Kumar Pandey Counsel for Opposite Party :- G.A.,Rohit Shukla
Hon'ble Harsh Kumar,J.
Counter affidavit filed by learned A.G.A. and supplementary affidavit filed by learned counsel for the applicant, are taken on record.
Heard Sri Ajay Kumar Pandey, learned counsel for the applicant, Sri Rohit Shukla, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that as per averments made in F.I.R. applicant and three others with common intention called co- accused Sumit @ Sanno to fire at Liladhar @ Banty upon which Sumit @ Sanno fired at him resulting in his death; that in F.I.R. no weapon or role has been assigned to applicant; that case of applicant is distinguishable from Sumit @ Sanno; that applicant has explained his criminal history in para 4 of supplementary affidavit; that applicant has no other criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 24.7.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail and contended that it is clear from the CCTV footage that all the four accused persons came together and in furtherance of their common intention co- accused Sumit @ Sanno shot dead deceased.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sachin be released on bail in Case Crime No.556 of 2018, under Section 302 I.P.C., P.S. Koshikala, District Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 he 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 :- 19.12.2018 Kpy