Power filed today in Court by Sri Rajesh Mishra, Advocate for the first informant is taken on record.
Heard Sri S.P. Dwivedi, learned counsel for the applicant, learned A.G.A. for the State, Sri Rajesh Mishra, learned counsel for the first informant and perused the record.
Sri Dwivedi submitted that as per prosecution version the incident occurred in the midnight. All the accused persons who are 13 in number have made indiscriminate firing on the deceased. However, the deceased sustained only one gun shot injury.It is not yet clear as to who was the author of the fatal injury caused to the deceased. One of the eye-witnesses, in his statement under section 161 Cr.P.C. has disclosed that fire made by co-accused Indrajeet had hit the deceased. The applicant being close to Indrajeet , has been falsely implicated in this case due to party faction in the village. The applicant who is in jail since 18.6.2014 deserves to be admitted on bail.
Learned A.G.A. and learned counsel for the first informant strongly opposed the bail prayer. However, it is not disputed by them that it was midnight occurrence and the deceased sustained only one gun shot injury.
Having considered the submissions made as above by the learned counsel for both the side, the court is of the view that it was a night occurrence. The deceased had sustained only single gun shot wound. All the accused persons named in the FIR who are 13 in number alleged to have made indiscriminate firing upon the deceased but who is the author of the fatal injury is not clear and all the accused persons have been assigned general role. The applicant deserves to be enlarged on bail.
It is however, made clear that views expressed herein above are prima facie in nature for disposal of this bail application only and would have no impact on the trial in any way.
Let the applicant Vijai alias Malloo involved in case Crime No. 400 of 2014, under section 147, 148, 149, 302/34 IPC & 27/30 Arms Act, police station Katara, district Shahjahanpur be released on bail on his furnishing personal bonds of Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i). 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 to disclose such facts to the court or to any other authority.
(ii) The applicant shall remain present before the Court on the dates fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel.
(iii) He will not misuse the liberty of the bail and will not repeat any such instance in future.
Deviation of any of the above conditions shall entail cancellation of bail.
Order Date :- 9.10.2014 SKS