Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material placed on record.
This bail application has been preferred by the accused-applicant- SI Narendra Pal Singh, who is involved in Case Crime No. 86 of 2020, under Sections 304 I.P.C., Police Station- Bhawan Bahadur Nagar, District- Bulandshahr.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case; that on 25.04.2020 at 06.50 am one first information report was registered against the applicant under Section 304 I.P.C., in which the informant alleged that through his service pistol, his colleague namely SI. Bijendra Singh was injured due to sudden fall of revolver hanged on wall when the applicant went to urinate inside urinal; that on the basis of FIR, the statements of the informant as well as the witnesses of the incident were recorded under Section 161 Cr.P.C., in which it was clearly mentioned that there was no enmity between the deceased and the applicant and before the incident there was no quarrel; that as per post mortem report, there is one gunshot injury (entry and exit); that as per FIR version, the applicant did not run away or escape from the spot; that applicant himself took the injured and the informant / constable in his own car and further got the injured admitted in the nearby hospital for treatment with the help of other constables / informant; that as per the FIR version, it is a case of accidental death; that there is no eye witness of the said incident. It is lastly contended that the applicant has no criminal history and he is languishing in jail since 25.04.2020 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A as well as learned counsel for the informant have vehemently opposed the prayer for bail and submitted that there was some dispute between the deceased and applicant last before two days continuously harassing, humiliating and threatening the deceased too bear the dare consequences and before occurrence the applicant was giving threat to see you in future but at 11.45 pm. applicant again come back where deceased was sitting and with full intention and knowledge fire was hit to deceased at his abdomen and thereafter he died.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Needless to note that any observation touching the merit of the case, if has come in this order that is only for the purpose of deciding this bail application and learned Court below will not be influenced in any way thereof while deciding the case finally.
Order Date :- 18.1.2021 SK Srivastava