Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30531 of 2019 Applicant :- Tufani Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghawendra Singh,Dinesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and Sri H.P. Gupta, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Santosh and Munna alleging that in the night of 18.3.2019 at 23:00 hours they opened fire at Vivek Singh. He received one gun shot injury and died. Subsequently, names of Nirala, Harendra, Bihari and Tufani Yadav were surfaced. During investigation, it was found that co-accused Harendra had shot fire on the deceased and they were hired by Santosh and Munna.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. The applicant is languishing in jail since 17.5.2019 (about two months) having no criminal history. The name of the applicant was surfaced after 47 days of the incident on the basis of suspicion due to previous enmity. Specific role of firing has been assigned to co- accused Harendra. The case of the applicant is distinguishable from the case of co-accused Harendra. Except Harendra, general role has been assigned to all persons. Co-accused Anil Kumar Ram, Nirala & Bihari Yadav have already been granted bail by this Court vide orders dated 1.7.2019,1.7.2019 and 5.7.2019 passed in Criminal Misc. Bail Application Nos.25795 of 2019, 25798 of 2019 26705 of 2019 respectively (Bail orders are annexed as annexures 9,10 & 11 to the bail application), applicant's case is identical to them and he is also entitled to bail on the ground of parity. There is no independent/eye witness account against the applicant. In case he is released on bail, he will not misuse the liberty of bail and co-coperate in trial.
On the other hand, learned A.G.A. opposed and submitted that Anil Kumar had made an agreement with Nirala to provide Rs.1,50,000/- for this incident and Rs.50,000/- was given in advance by Nirala. He admitted that the applicant has no criminal history and his case is identical to co-accused who have been granted bail by this Court.
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 applicant Tufani Yadav involved in the Case Crime No. 22 of 2019, Under Sections 302, 34 I.P.C., P.S. Pakari, District Ballia 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 :- 30.7.2019 P.P.