Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11534 of 2021 Applicant :- Sipu Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.,Rajiv Lochan Shukla
Hon'ble Raj Beer Singh,J.
Heard Sri Raj Kumar Mishra, learned counsel for the applicant, Sri Mahendra Kumar Pandey, Advocate holding brief of Sri Rajiv Lochan Shukla, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The FIR has been lodged against eight named accused persons by informant Sunil Kumar and in the FIR general allegations have been made against all the accused persons. It has been stated that as per prosecution version, they were having lathi, danda and axe and they attacked on the deceased and other injured persons and caused injuries. It is further submitted that as per statements of the witnesses recorded by the Investigating Officer, it is clear that it was the co-accused Manjeet, who attacked the deceased Anil. It is further submitted that two injuries have been shown to have been caused to the deceased and apparently the same have been caused by some blunt object. The submission of learned counsel for the applicant is that considering the number of accused persons and the injuries sustained by the deceased and other injured persons, it is not possible to conclude that all the accused persons have equally participated in the commission of the offence particularly in view of the fact that witnesses have stated that the co-accused Manjeet had caused injuries to the deceased Anil. It has been further submitted that similarly placed co-accused Ravi Yadav, Kapil, Ajay Kumar and Deepak Singh have already been granted bail by co-ordinate Bench of this Court vide order dated 10.02.2021, 24.03.2021, 01.07.2021 and 30.06.2021, passed in Criminal Misc. Bail Application No. 9064 of 2021, 40512 of 2020, 13133 of 2021 and 11924 of 2021. It was submitted that applicant is languishing in jail since 24.7.2020 and undertakes that he will not misuse the liberty of bail, if granted and shall cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail but it has not been disputed that similarly placed co-accused have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sipu involved in Case Crime No. 226 of 2020, under Sections 147, 148, 149, 307, 34, 302, 504, 506 I.P.C., Police Station Diviyapur, District Auraiya, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.7.2021 A. Tripathi