Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20546 of 2018 Applicant :- Subedar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case initially the F.I.R. was lodged in Crime No.761 of 2017 against four accused persons, under Section 308 I.P.C, namely, Subedar, Gyanendra Kumar, Jitendra Kumar and Satyendra Kumar alleging that on 21.10.2017 at about 8:00 a.m. they assaulted Ram Raj, Gulab Chandra and Shyam Narayan; Ram Raj received injury on head and died; injuries of all other injured found simple in nature; subsequently another F.I.R. in Crime No.762 of 2017 was lodged against five accused persons alleging that one accused Vijay Shankar was also involved in this crime, alleging that Ram Raj was died receiving head injury; on the pointing out of co- accused Gyanendra Kumar one axe was recovered.
Learned counsel for the applicants submitted that co- accused namely Vijai Shankar, Jitendra and Satyendra Kuamr have already been granted bail by this Court vide order dated 22.5.2018 in Criminal Misc. Bail Application No. 19250 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The first F.I.R. was lodged on 21.10.2017 in Crime No.761 of 2017 Vijay Shankar was not named in the F.I.R. and subsequent F.I.R. was lodged on 22.10.2017 in which Vijay Shankar has been falsely implicated on the same case; two accused namely, Jitendra and Satyendra Kumar were enlarged on bail by the Trial Court under Section 308 I.P.C; the role of applicant was extended to exhortation only; there is no independent witness against the applicant; there is no recovery on the pointing out of applicant; except deceased, injuries of all other injured persons are simple in nature; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 24.10.2017 (more than seven months); having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against the applicant and the case of present applicant is identical to co-accused Vijai Shankar, Jitendra and Satyendra Kuamr who has been enlarged on bail.
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 Subedar involved in the Case Crime No. 762 of 2017, under Sections 147, 307, 302 I.P.C, P.S. Meerganj, District Jaunpur be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 :- 30.5.2018 A. Singh