Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37014 of 2017 Applicant :- Sonu Sharma @ Satendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharad Sharma,Vikrant Pandey Counsel for Opposite Party :- G.A.,Mohd Imran Khan
Hon'ble Aniruddha Singh,J.
Heard Sri Vikrant Pandey, learned counsel for the applicant, Sri Mohd Imran Khan, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
According to the prosecution case F.I.R. was lodged against unknown persons, alleging that on 29.11.2016 Faisal Khan son of Mohd. Gulzar Khan @ Munne Bhai was assaulted by some unknown persons, resultantly died.
During investigation it was found that Gaurav has shot fire on the deceased and motorcycle was driving by the applicant namely Sonu Sharma @ Satendra Kumar, with the conspiracy of co-accused Surabh. Co-accused namely Surabh in his confessional statement also stated that Gaurav who is his real brother has shot fire on the deceased and the applicant namely Sonu Sharma @ Satendra Kumar was driving the motorcycle at the time of incident.
Learned counsel for the applicant submitted that the applicant was not named in the FIR; he has been falsely implicated in the present case; there is no independent witness against the applicant; specific role was assigned to co-accused Gaurav who shot fire on the deceased; only one gun shot injury was found on the body of deceased and the same was caused by the co- accused Gaurav; name of applicant was disclosed in the confessional statement of co-accused Surabh and according to him the role of applicant was extended only driving the motorcycle at the time incident; the applicant is languishing in jail since 01.12.2016 (more than one year four months) having no criminal history; in case he is released on bail he will not misuse the liberty of bail and co-operate in the trial.
Learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 applicant Sonu Sharma @ Satendra Kumar involved in the Case Crime No.321 of 2016, under Sections 302, I.P.C., Police Station Bhot, District Rampur, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 27.4.2018/VKG