Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17791 of 2019 Applicant :- Saurabh Gautam Alias Kanha Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged by Sandeep Kumar Soni (brother of the deceased) against Ashish, Dharmendra, Yogesh, Basant Lal and Manish. The first informant Sandeep Kumar Soni in his statement recorded under section 161 Cr.P.C. has not disclosed the name of the applicant. Witness Ravi Shankar Swarnkar has disclosed the name of Akash Payashi and Avnish Rai. In the statement of witness Shiv Poojan it has come that Akash Payashi , Avnish Rai and Konu Mishra have confessed their guilt before him and disclosed that the applicant was also involved in this incident. The applicant was doing raicky. On 2.11.2018 Akash Payashi, Avnish Rai and Divyashu were arrested by police. A country made pistol of 32 and some cash have also been recovered from the above co-accused person and on being quarry Saurabh Mishra @ Akash Payashi stated that he has caused gun shot injury to the deceased. A recovery of country made pistol of 32 bore has also been shown from the possession of co-accused Akash Payashi. It has further been submitted that the applicant has falsely been implicated in the present case. The applicant has no concern with the alleged incident. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. No incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 22.2.2019.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Saurabh Gautam Alias Kanha Gautam involved in Case Crime No. 163 of 2018, under Sections 302, 394, 120-B, IPC, P.S. Manda, District Allahabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 A.