Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30051 of 2019 Applicant :- Shish Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Pankaj Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Firoz, Shiv Singh, Balbeer, Atar Singh, Shish Ram alleging that on 7.10.2018 at 8 p.m. they killed Ahmad Sher by shot fire, he received one gunshot injury. During investigation, it was found that main role of firing was assigned to co-accused Atar Singh and countrymade pistol used in this crime was recovered at the pointing out of co-accused Atar Singh.
It is submitted by learned counsel for the applicant that co- accused namely Shiv Singh and Balveer has already been granted bail by co-ordinate Bench of this Court vide orders dated 19.4.2019 and 10.62019 in Criminal Misc. Bail Application No. 14153 of 2019 and 23815 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant except the confessional statement of applicant and other accused persons. Main role of firing was assigned to co-accused Atar Singh and countrymade pistol used in this crime was recovered at the pointing out of co-accused Atar Singh. Only one gunshot injury was found on the body of deceased caused by co-accused Atar Singh. The case of applicant is distinguishable from co-accused Atar Singh. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 28.11.2018 (near about eight month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Shiv Singh and Balveer who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Shish Ram involved in Case Crime No. 569 of 2018, under Sections 147, 302 IPC, Police Station Jalalabad, District Shahjahanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2019 A. Singh