Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2645 of 2019 Applicant :- Sheru Bhati Opposite Party :- State Of U.P. Counsel for Applicant :- Brijesh Sahai Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant is not named in F.I.R. dated 17.11.2017 regarding incident dated 16.11.2017, in which indiscriminate firing is alleged to have been committed by Sundar Yadav and others, resulting in death of Shiv Kumar and two others; that name of applicant surfaced in the confessional statement of co-accused Naresh Tevatiya, which was recorded on 04.12.2017 and thereafter on 21.02.2018 in the statement of Sanjay and Sidhanth, who have stated that they saw the applicant with other co-accused at Shahberi Liquor Shop; that the murder of three persons is alleged to have been committed by named accused Sundar Yadav, Charan Singh, Devendra Yadav etc.; that the applicant has not been assigned with the role of shooting; that the case of applicant is distinguishable from accused persons, who have been assigned with the role of causing fire arm injuries to deceased; that co-accused Arun Yadav, Anil and Sonu @ Dharam Dutt Sharma have been granted bail by this Court vide order dated 14.11.2018 passed in Criminal Misc. Bail Application Nos. 21380 of 2018, 19942 of 2018 and 17413 of 2018, copy of which has been produced for perusal and taken on record; that the case of applicant is identical to the co- accused persons, who have been granted bail; 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 26.03.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail and contended that triple murder has been committed in conspiracy with applicant in planned manner through hired shooters.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused 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 Sheru Bhati be released on bail in Case Crime No.751 of 2017, under Sections 147, 148, 149, 302, 120- B, 34 IPC and 7 Criminal Law Amendment Act, P.S. Bisrakh, District Gautam Budh Nagar 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 :- 21.1.2019 NS