JUDGMENT Ravindra Singh, J.
1. Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Virendra Singh and Sri J.S. Sengar, Learned Counsel for the applicant and the learned A.G.A. and Sri Dilip Kumar and Sri Rajiv Gupta and Sri Rajul Bhargava, Learned Counsel for the complainant.
2. This application has been filed by the applicant Trayambak Pathak with a prayer that he may be released on bail in Case Crime No. 80 of 1999 under Sections 147, 148, 149, 307, 325, 452, 302 I.P.C. P.S. Parashurampur district Basti.
3. The prosecution story in brief are that the F.I.R. of this case has been lodged by Sri Bhagwan Singh at P.S. Parashurampur on 1.7.1990 at 8.30 p.m. in respect of the incident which had occurred onl.7.1990 at about 8.00 p.m. The distance of the police station was bout 2 furlong from the alleged place of occurrence. The F.I.R. was lodged against the applicant and seven other co-accused persons. It is alleged that the first informant Durga Singh and Pradeep Kumar Singh and the deceased Jai Prakash Singh were sitting at the house of one Mathura Singh, all of sudden, the applicant and seven other co-accused persons came there, with an intention to commit the murder they discharged shots. They were armed with gun, rifle and country made pistol, due to firing done by them, Jai Prakash Singh, Durga Singh and Pradeep Kumar received gun shot injuries, consequently, Jai Prakash Singh died on the spot. Thereafter its F.I.R. was lodged. According to the Post Mortem Examination Report, the deceased had received only one gun shot wound of entry and its exit wound and the injured Durga Singh had received four fire arm wounds in which three injuries were gun shot wound of entry and one was exit wound and the injured Pradeep Kumar Singh had received two fire arm wounds on the right leg and left leg.
4. It is contended by the Learned Counsel for the applicant that in the present case co-accused Dharam Pal Singh, Ram Vilas Upadhyay and Suchcha Ram have been released on bail by this court on 10.9.1990 in Criminal Misc. Bail Application No. 9988 of 1990 after considering the case on its merits. The other co-accused Sher Bahadur Singh has already been released on bail by this court vide order dated 6.9.1990 and the co-accused Lallan Pandey has been released on bail by this court on 26.6.2006 by this court in Criminal Misc. Application No. 124621 of 2006. The case of the applicant is on the same footing with the above mentioned co-accused Lallan Pandey and others. Therefore, he is entitled for bail.
5. It is further contended that according to the Post Mortem Report, the deceased had received only one gun shot wound of entry. It has not been specifically alleged that who caused that injury, even it has not been specifically alleged who caused the injury on the person of the injured. There is general allegation of firing against the applicant and seven other co-accused persons.
6. In the present case after lodging the F.I.R. the investigation was initiated by the civil police but the Government has entrusted the investigation to C.B.C.I.D. Vide order dated 18.7.1990 and again the matter was handed over to civil police vide order dated 13.3.1991. The order dated 13.3.1991 was challenged by the applicant and co-accused Aushotosh Pratap Singh alias Chhotey Singh; Lallan Pandey by means of filing a Civil Misc. Writ petition No. 446 o 1991 before the Lucknow Bench of which court in which the arrest of the applicant was stayed on 13.2.1991. Thereafter, another writ petition No. 8391 of 1991was filed by the co-accused Ram Preet Verma before the Lucknow Bench of this court in which his arrest was stayed on 26.2.1991. The stay order was extended from time to time but the charge sheet was submitted and the same was challenged before a Division Bench of this court whereby further proceedings in Criminal Case No. 536 of 1994 was stayed by this court on 23.1.1995. The arrest of the applicant was stayed and it was directed that no coercive measure shall be taken against him but subsequently, non bailable warrants has been issued against the applicant and the same was challenged by the applicant by way of filing an application under Section 482 Cr. P.C. in which he was directed to surrender before the court concerned within 30 days. The time was extended by the learned Sessions. Judge on 13.2.2006 by staying the execution of non bailable warrant upto 28.2.2006 in Criminal Revision No. 105 of 2006. The applicant was falsely implicated, therefore, he chose to seek a legal remedy from the court and the applicant has not deliberately evaded his arrest, now the case of the applicant is on the same footing with the case of the co-accused Lallan Pandey, who has been released on bail by this court on 26.6.2006, therefore, he may be released on bail and he undertakes that he shall cooperate with the investigation and he shall not temper with the evidence and there is no complaint against the applicant after the commission of the alleged offence in respect of the tampering with the evidence.
7. It is opposed by the learned A.G.A. and the Learned Counsel for the complainant by submitting that the applicant has tried his best not to appear in the court concerned and evaded his arrest after the commission of the alleged offence and the applicant co-accused Lallan Pandey and other co-accused are having criminal background. The applicant is named in the F.I.R. and there are injured witnesses to support the prosecution story, therefore, he may not be released on bail.
8. Considering the fact that the co-accused Lallan Pandey whose case is on the same footing with the applicant has been released on bail on 26.6.2006 whereas other co-accused Dharam Pal Singh, Ram Vilas Upadhyay, Suchcha Ram and Sher Bahadur Singh have already been released on bail by this court vide order dated 10.9.1990 and 6.9.1990 therefore the applicant is also entitled to get the benefit of parity on the same conditions which have been imposed on the co-accused Lallan Pandey vide order dated 26.6.2006 passed by this court: Therefore, without expressing any opinion on the merits of the case the applicant is entitled for bail.
9. Let the applicant Triyambak Pathak involved in case crime No. 80 of 1990 under Sections 147, 148, 149, 307, 325, 452 and 302 I.P.C. P.S. Parashurampur District Basti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions:
(i) that he shall give an undertaking that he shall appear in the court on each and every date fixed in this case.
(ii) If due to some reason he is not in a position to appear before the court concerned he shall take such permission from the court.
(iii) That he shall cooperate with the trial and shall not tamper with the evidence
(iv) That he shall appear before the court of C.J.M. concerned in the first week of each month till the conclusion of the trial.
10. In case of default, it shall be open to the learned Sessions judge concerned to cancel his bail.
11. It is further directed that the proceedings of the trial shall be expedited without granting any unnecessary adjournment and the learned Sessions Judge, Basti shall ensure that there must be no delay in the trial.