Learned A.G.A. has supplied the copy of counter affidavit to the learned counsel for the applicant today in the Court, copy of which he is directed to file in the Registry latest by tomorrow. Learned counsel for the applicant does not want to file any rejoinder affidavit.
Heard learned counsel for the applicant, Sri Gaurav Kumar Shukla, learned counsel for the complainant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Shani Rawat with a prayer to enlarge him on bail in Case Crime No. 131 of 2020, under Sections 147, 148, 149, 307, 506, 302, 120B I.P.C., Police Station Chhawani, District Basti.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that although the accused-applicant is named in the first information report but in the first information report fire arm injury has been assigned to have been caused by co-accused Shiva Pathak. There is no active participation of the accused-application in the commission of the offence. No specific role has been assigned to the accused-applicant. The postmortem report reveals that there is only one entry wound and that has been assigned to co-accused Shiva Pathak. The two other co-accused persons namely Anoop Kumar Mishra and Golu @ Vivek Kumar Pandey, whose names have subsequently came in light, have already been granted bail by the coordinate Bench of this Court, vide orders dated 19.11.2020, passed in Criminal Misc. Bail Applications No. 34811 of 2020 and 34786 of 2020 respectively. In respect of criminal history, learned counsel for the applicant has submitted that there is no substantial criminal history in the credit of accused-application and other cases have been imposed after the commission of the present offence. Learned counsel for the applicant has further submitted that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 15.06.2020, hence, he is entitled to bail.
Learned A.G.A. and learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. They have further submitted that after investigation, the police has already filed charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the 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 applicant 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 :- 2.2.2021 sailesh