Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39787 of 2019 Applicant :- Vijay Pratap Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Shambhavi Nandan, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicants, Sri Mayank Mishra (B.H.), learned counsel appearing for the State, Sri Shambhavi Nandan, learned counsel for the complainant and perused the record.
According to prosecution case, F.I.R. was lodged against nine accused persons, namely, Rana Pratap Singh, Vijay Pratap Singh, Nitesh Shing, Veer Bahadur Singh, Gyanesh Singh, Durgesh Singh, Omprakash Singh and Pappu Singh alleging that on 7.4.2019 at 10:00 hours they made indiscriminate fire on Anil Singh. Anil Singh received five entry wounds and died. Shiv Charan had also received one gun shot injuries but on non- vital part of body. Specific role of assault to deceased was assigned to co-accused Rana Pratap Singh and causing injuries to Divyansh and Shiv Charan were assigned to co-accused Nitesh Singh and throwing stones were assigned to Omprakash and Pappu.
Learned counsel for the applicants submitted that co-accused- Gyanesh Singh Yogesh and Yogesh have been enlarged on bail by this Court vide order dated 23.9.2019 in Criminal Misc. Bail Application No.36783 of 2019 and the case of the applicants is identical to the case of co-accused, who have already been enlarged on bail, hence the applicants are also entitled to bail on the ground of parity. He further submitted that applicants have been falsely implicated in the present case and are languishing in jail since 9.4.2019 (about five months) having no criminal history. Except role of Rana Pratap Singh and Nitesh Singh, general role has been assigned to all accused persons and entire family members of the applicants have been roped due to enmity. No incriminating material was recovered at the pointing out of the applicants. The case of the applicant is distinguishable from the case of co-accused Rana Pratap Singh. In case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that the applicants have no criminal history and the case of the applicants is identical to the case of co-accused, who have been enlarged on bail.
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 the applicants Vijay Pratap Singh And Om Prakash Singh involved in S.T. No. 237 of 2019, Case Crime No.81 of 2019, under Section, 147, 148, 149, 504, 506, 307, 302, 336/34 IPC, Police Station-Devgaon, District- Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicants 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 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 :- 26.9.2019 OP