Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49180 of 2018 Applicant :- Sunil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Salil Kumar Rai,J.
Heard counsel for the applicant and the learned A.G.A for the State and perused the record.
First Information Report was lodged on 16.8.2018 by one Kamlesh Kumar alleging that on 16.8.2018 at about 10.00 A.M Lavkush along with certain other persons named in the F.I.R and ten to eleven unnamed persons assaulted Ram Lakhan, the elder brother of the complainant and Lavkush fired at the elder brother of the complainant who because of gun shot injuries died on the spot. The persons not named in the F.I.R have been alleged to threaten the deceased and the complainant and other several members of the family of the complainant and assaulted them with lathees.
The applicant is not named in the F.I.R but during investigation he was found to have indulged in the crime.
The counsel for the applicant has submitted that a cross case namely Case Crime No.0314 of 2018 was registered against the complainant stating that the complainant i.e Kamlesh Kumar fired at the brother of Bharti Sharan @ Munna, one of the co-accused in the present case. It has been stated by the counsel for the applicant that the accused Karandas, Shivnandan, Jagpat, Rakesh Kumar, Ramesh, co-accused in Case Crime No.0314 of 2018 have already been granted bail by this Court vide its order dated 29.11.2018 passed in Criminal Misc.Bail Application Nos.45311, 45309, 45307, 45091 and 45078 of 2018. It has been further stated that no specific role has been assigned to the applicant and no case is made out against the applicant under Sections 147, 148, 149, 302, 323, 504, 506 I.P.C. and 7 C.L.A Act.
The applicant is in Jail since 18.8.2018; has no criminal history; the applicant is innocent and has been falsely implicated in the present case. The counsel for the applicant has submitted that there is no independent witness against the applicant and 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. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and there is a cross case also.
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 Sunil Kumar involved in Case Crime No.
313 of 2018, under Sections 147, 148, 149, 302, 323, 504, 506 IPC and 7 C.L.A.Act, Police Station-Sarai Aqil, District-Kaushambi be released on bail on furnishing 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 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 :- 21.12.2018/IB