Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28630 of 2018 Applicant :- Shanker Rai Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Kumar Rai,P.K. Singh Counsel for Opposite Party :- G.A.,Mithilesh Kumar Gupta
Hon'ble Vivek Kumar Singh,J.
Heard Sri P.K.Singh, learned counsel for the applicant, Sri M.K.Gupta,learned counsel for the complainant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against the applicant and 5 other co-accused alleging that when the brother of the complainant was returning back after taking tea two persons riding on a motorcycle came behind him and the applicant who was pillion rider shot fire causing injury to him. Seeing the incident the villagers challenged them and fortunately the motorcycle was skidded and one of the accused who was driving the vehicle in question was apprehended by the villagers and he was done to death by them. Subsequently the accused-applicant was also apprehended in Sabalpur, who disclosed the name of the deceased.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity and election rivalry and he has committed no offence. It is next contended that the applicant has inimical terms with the complainant. The injured was medically examined and it was opined that it was accidental fire arm injury which caused an entry wound back of neck region with exit wound. It is also contended that the applicant is a local leader of B.J.P. and the complaisant is supporter of Samajwadi Party. There appears enmity between the parties over the election of M.L.A.The Court has perused the rejection order passed by the court below. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 20.9.2017. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the period of detention and submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Shanker Rai involved in Case Crime No. 1159 of 2017, under Sections 307,120-B I.P.C., P.S. Jamaniya, District- Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 applicants to prison.
Order Date :- 18.9.2018 IA