Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44772 of 2021 Applicant :- Somveer Opposite Party :- State Of U.P Counsel for Applicant :- Sunil Vashisth,Ramesh Kumar Sahu Counsel for Opposite Party :- G.A.,Manvendra Nath Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, Sri M.N. Singh, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The FIR was lodged against four accused persons including applicant alleging that on 31.07.2021 at 5.30 PM, applicant and co-accused Bhola @ Sukhvir having a gun, Aditya having a Tamancha along with co-accused Chhotu and applicant came at the field of first informant and fired at deceased. It has been submitted that in his statement, recorded under Section 161 Cr.P.C., the first informant has assigned the role of firing to co-accused Aditya and he has also stated that applicant was not present at the spot. Another eye-witness Aadesh has also assigned the role of firing to co-accused Aditya and it was alleged that applicant has exhorted co-accused Aditya to fire at deceased. It was submitted that as per prosecution version, the role attributed to applicant is of exhortation and that no injury has been caused by applicant nor he was assigned any weapon. As per post-mortem report, deceased has sustained two fire-arm injury caused by one bullet. It has been submitted that the applicant is languishing in jail since 07.08.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in FIR. Learned counsel for the first informant has submitted that in fact applicant has deliberately exhorted the co-accused Aditya to fire at deceased, as co-accused Aditya was minor and that applicant did not try to stop the co-accused Aditya.
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 Somveer involved in Case Crime No.230 of 2021, under Sections 302, 34 IPC, P.S. Khandauli, District Agra, 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 :- 28.10.2021 Neeraj Digitally signed by RAJBEER SINGH Date: 2021.10.29 07:58:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad