Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15214 of 2018 Applicant :- Shyam Murari And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava,Padmaker Pandey,Sr. V.P. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Sunil Kumar Srivastava, learned counsel for the applicants and learned learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged on 22nd June, 2017 at 21.05 hours against three accused persons, namely, Krishna Murari, Shyam Bihari and Subodh; alleging that on 22nd June, 2017 at 18:30 hours they assaulted Har Govind (son of the complainant Bhuteshwar Dixit) by sharp edged weapon and discharged fire shot after snatching the gun, he received injuries resultantly died.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is a cross case being Crime Case No. 220 of 2017 lodged by the first applicant under Section 302 and 323 of the Indian Penal Code on 22nd June, 2017 at 20:05 hours against two accused Bal Govind and Chhotu; alleging that on 22nd June, 2017 at 18:30 hours they assaulted his brother Krishna Murari (brother of the first applicant) by discharging gun shot, he received injuries resultantly died. No specific role is assigned against the applicants. There is general allegation against the applicants. There is no evidence against the applicants. There is no independent witness against the applicants. No weapon has been recovered from the possession of the applicant. They are languishing in jail since 23rd June, 2017 (more than nine months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 the applicants Shyam Murari and Subodh involved in Case Crime No. 221 of 2017, under Section 302 of the Indian Penal Code, Police Station Sikandara, District Kanpur Dehat be released on bail on furnishing a personal bond each and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-