Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9335 of 2019 Applicant :- Virendra Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Chandra Yadav,Amit Kumar Gaur Counsel for Opposite Party :- G.A.,Akhilesh Singh
Hon'ble Suresh Kumar Gupta,J.
Rejoinder affidavit filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that according to the first information report the informant on 5.4.2018 at about 10:20 am alongwith the daughter-Bhawana (deceased), Rajani wife of Rajendra Pratap and Archna wife of Pancham were going to District Court, Mainpuri then suddenly on the place of Bichchiya Road crossing Shivam Chauhan, Pawan Chauhan son of Madan Chauhan and Banti Chauhan son of Vishram Singh came on motorcycle and shoot his daughter Bhawana. It is further contended that the applicant is not named in the FIR but his applicant came into light on the in the statement of co-accused Piyush Malhotra. It is also submitted that there is no independent eye witness account. It is next contended that the co-accused Piyush Mehlotra@Baba and Guddu Chauhan have already been released on bail by the another Bench of this Court vide order dated 14.5.2019 passed in Crl. Misc. Bail Application No. 17402 of 2019. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence. Although the applicant has several previous criminal history which he has been explained by him in para 15 of the accompanying affidavit to the bail application. Hence, the applicant who is in jail since 17.9.2018, may be released on bail.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, namely, Virendra involved in Case Crime No. 395 of 2018, under Sections 302, 120B IPC, Police Station Kotwali Mainpuri, District Mainpuri, be released on bail on 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.11.2019 Ankita