Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41734 of 2018 Applicant :- Shatrughan Alias Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated; that as per averments made in F.I.R., the fatal fire arm injury to 10 years old Ms. Chetana was caused by co-accused Narad @ Ram Shankar, while other fire arm injury to Smt. Krishna Devi was caused by co- accused Rahul; that the applicant has been assigned only with the role of exhortation and has not been assigned with the role of causing injury to any of the two, injured or deceased; that co- accused Rahul has been granted bail by this Court vide order dated 12.9.2018 passed in Criminal Misc. Bail Application No.34490 of 2018, copy of which has been filed at Annexure No.8; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 24.4.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shatrughan Alias Pappu be released on bail in Case Crime No.341 of 2018, under Sections 452, 302, 307, 323, 504 IPC, P.S. Kotwali, District Mainpuri on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 he 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 :- 26.11.2018 Tamang