Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45098 of 2018 Applicant :- Sagar Jatav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against four accused persons namely, Vikendra @ Gauri, Narendra @ Chhaga, Lokendra @ Bhoora and Kavindra alleging that on 14.9.2018 they entered into the house of complainant and Vikendra @ Gauri shot fire at Jitendra Singh(father of complainant) with pistol. He received one gunshot injury and died resultantly. Witness Sagar in his statement stated that he had seen Vikendra @ Gauri running away with pistol after the incident. Subsequently, seven accused persons namely, Rohit Jatav, Brijmohan @ Kallu, Rohit @ Tunta, Sandeep Chaudhary @ Dr. Yashpal, Sagar Harijan(Jatav), Manoj Kumar and Chandra pal Jatav were arrested, and countrymade pistols were recovered. They stated in their confessional statement before the police that they were also indulged in conspiracy.
It is submitted by learned counsel for the applicant that the applicant is not named in the FIR and there is no recovery at his pointing out. Only one mobile phone was shown in recovery from this accused. He has been falsely implicated. There is no legal evidence except confessional statement Main role was assigned to Vikdendra @ Gauri. According to statement of witness Sagar, he had seen Vikendra @ Gauri and Kavindra fleeing away. There is no independent or eye-witness account. The applicant is languishing in jail since 20.9.2018(more than two months) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Sagar Jatav involved in Case Crime No.756 of 2018, under Section 452, 302, 307, 120-B, 504, 506 IPC, Police Station Jani, 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 :- 29.11.2018 P.P.