Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7756 of 2018 Applicant :- Shivam Singh @ Prahlad @ Bhonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhananjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against eight accused persons, namely, Adarsh Singh Vaibhav Singh, Atul Singh, Shivam Singh @ Chhotu, Rajat Singh @ Ranu Singh, Sachin Singh, Praveen Singh, Shivam Singh Monu Singh; alleging that on 14.11.2017 they shot fire at the injured namely Karunakar and Subham Mishra, they received injuries on their leg.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Incident was taken place between two group of the student. There is general allegations against the applicant. Main role of causing firearm injury is assigned to co- accused Saurabh Singh and Atul Singh. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature and are not dangerous to life. Applicant is the student of B.A. final year. The co-accused Rajat Singh @ Ranu Singh has already been enlarged on bail by this Court vide order dated 22.02.2018 passed in Criminal Misc. Bail Application No. 6792 of 2018, copy of which has been taken on record. The role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He is languishing in jail since 19.12.2017 (more than two months) 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 and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Shivam Singh @ Prahlad @ Bhonu involved in Case Crime No. 2396 of 2017, under Sections 147, 148, 149, 307, 504 IPC, Police Station Line Bazar, District Jaunpur 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 :- 27.2.2018 A. Tripathi