Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45636 of 2017 Applicant :- Vinay @ Aswani Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemendra Pratap Singh,Satya Prakash Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit and rejoinder affidavit filed today on behalf of the applicant is taken on record.
Heard learned counsel for the applicant and learned learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged on 3rd August, 2017 at 19:00 hours by Kalicharan (father-in- law of the deceased Somendra) against four accused persons, namely, Vinay, Pramod, Kaalu and Kapil; alleging that on 3rd August, 2017 at about 06:00 p.m., they assaulted Somendra by country made pistol, he received two gun shot injuries resultantly died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. Only two witnesses have been assigned in the charge- sheet, namely, Kali Charan (the informant/complainant) and Chandrawati (wife of the deceased) and that they were examined as P.W.-1 and P.W.2 respectively. They have not supported the prosecution case and turned hostile. There is no legal evidence against the applicant. The applicant languishing in jail since 23rd August, 2017 (more than eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
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 applicant Vinay @ Aswani involved in Case Crime No. 281 of 2017, under Section 302 of the Indian Penal Code, Police Station Kurja, District Bulandshahar, 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 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 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.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-