Sri Vivek Pandey, Advocate filed vakalatnama on behalf of complainant be taken on record.
Heard learned Counsel for the applicant, learned A.G.A. as well as learned counsel for the complainant and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. The role of causing injury to deceased with fire arm has been assigned to co-accused Anand and lathi danda have been shown in the hands of applicant. The applicant had not caused any injury to the deceased. In post-mortem report the cause of death of deceased has been shown hemorrhage and shock due to ante-mortem fire arm injury. The case of the applicant is distinguishable from the case of co-accused Anand. The co-accused Kamal Kumar Srivastava having identical role has already been granted bail by this Court vide order dated 14.03.2016, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 24.12.2015.
Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that applicant and other co-accused have committed the alleged offence, therefore, the applicant is not entitled for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Vimal Kumar Srivastava involved in Case Crime No.241 of 2015, Under Sections 323, 307, 302/34 I.P.C., Police Station Umari Begum Ganj, District Gonda, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 16.3.2016 Jitendra