Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56402 of 2019 Applicant :- Umashanker Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Prashant Kumar Singh, learned counsel for the applicant; Ms. Mohini Jaiswal, Advocate, holding brief of Sri Purshottam Mani Tripathi, learned counsel for the informant as well as Sri Abhishek Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Umashanker Mishra with a prayer to release him on bail in Case Crime No. - 126 of 2019, under Sections - 307, 326, 504, 506, 34 I.P.C., Police Station - Khukhundu, District - Deoria, during pendency of trial.
3. At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Amar Nath Mishra has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 42252 of 2019, vide order dated 20.11.2019. For the reasons contained in that order, the present applicant is also entitled for bail.
4. Also, the fact that there exists further allegation of licensed gun of the applicant having been used, which is also stated to have been recovered from the applicant would make no difference insofar as parity is claimed on account of similar role.
5. The present bail application has been vehemently opposed by learned counsel for the informant and learned AGA who would submit that the injuries have been received by the injured and that the victim has lost sight of one eye. At present, the firearm used in the offence is one owned and licensed in favour of the applicant.
6. Having heard learned counsel for the parties and having perused the record, at present, it appears, the only role assigned to the applicant is of exhortation and the fact that the licensed firearm appears to have been used may not dis- entitle the applicant from grant of bail inasmuch as he has no criminal history.
7. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 Abhilash