Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39164 of 2019 Applicant :- Satish Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri H.P. Gupta, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely Kishanlal, Satish and Srikrishn alleging that on 6.6.2019 at 8.30 p.m. they shot fire at Avnesh, he received one gunshot injury, resultantly died. Main role of firing was assigned to co-accused Kishanlal and countrymade pistol with cartridges were recovered at the pointing out of Kishanlal.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Even then main role of firing was assigned to co-accused Kishanlal and countrymade pistol with cartridges were recovered at the pointing out of Kishanlal. The case of applicant is distinguishable from co-accused Kishanlal. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 9.7.2019 (more than two and half month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 applicant Satish involved in Case Crime No. 160 of 2019, under Section 302 IPC, Police Station Aliganj, District Etah 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 :- 25.9.2019 A. Singh