Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40568 of 2018 Applicant :- Udayveer @ Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Manoj Kumar Patel has filed vakalatnama on behalf of the informant, which is taken on record.
Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant, Sri Manoj Kumar Patel, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Udayveer @ Pappu in Case Crime No. 95 of 2018, under Sections 147, 148, 149, 324, 302, 506 I.P.C., Police Station- Saifai, District- Etawah with the prayer to enlarge him on bail.
As per the prosecution case, in the early morning at about 2:00 am, the deceased was ambushed by four named and two unnamed accused persons, who assaulted the deceased with sharp weapon and firearm; postmortem report reflects (i) wound on right pariet temporal region; (ii) abrasion on right arm deep; (iii) abrasion on elbow. Though, the co-accused Subhash Chandra is not named in the F.I.R., however, the fact remains is that co-accused Subhash Chandra and other named accused had assaulted the deceased and injured and he has been allowed bail by a coordinate Bench of this Court by a detailed order dated 29.08.2018 in Criminal Misc. Bail Application No.32947 of 2018. The deceased in his statement under Section 161 Cr.P.C. had taken the name of the applicant; role of causing injury has been assigned to seven persons; author of fatal injury is not specified; at this stage it is improbable to determine, who caused the fatal injury; no recovery has been made from the applicant. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 30.5.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Udayveer @ Pappu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018/ Vikas