Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15011 of 2018 Applicant :- Sanjeev Kumar Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Shish Ram Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against the son of Bandhuku and unknown persons alleging that on 13.11.2017 at night they assaulted Rajesh Kumar by shot fire on him; subsequently during investigation it was found that Sanjeev, Rajbali Harinarayan and Sheru killed the deceased Rajesh Kumar; the co-accused Sheru Rajbhar shot fire on deceased, resultantly died; on the pointing out of Sheru Rajbhar country made pistol was recovered.
Learned counsel for the applicant submitted that co- accused namely Rajbali Rajbhar and Hari Narayan Rajbhar had been granted bail by this Court vide order dated 16.4.2018 and 18.4.2018 in Criminal Misc. Bail Application Nos. 13919 of 2018 and 14200 of 2018, 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 has been falsely implicated in the present case; the applicant is not named in the F.I.R; the complainant has not seen the said incident; the case is totally based on the confessional statement of applicant; there is no evidence against this accused except confessional statement; there is no recovery on the pointing out of this accused; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 2.1.2018 (more than three and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and the case of the applicant is identical to co- accused Rajbali Rajbhar and Hari Narayan Rajbhar who has been enlarged on bail.
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 the applicant Sanjeev Kumar Rajbhar involved in the Case Crime No. 495 of 2017, under Sections 302, 504, 506 I.P.C., P.S. Baresar, District Ghazipur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 24.4.2018 A. Singh