Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8213 of 2019 Applicant :- Vishal Nishad @ Mantu Opposite Party :- State Of U.P.
Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely Satish Sahani @ Gana and Jhunjhun Yadav @ Ajit alleging that on 11.8.2018 they shot indiscriminate firing at Raju, he received four injuries, resultantly died. Later on, after 22 days of incident they were arrested by the police, they stated that on the exhortation of Vishal Nishad and Ganesh Gaud, they shot fire at Raju. One pistol and two live cartridges were recovered from the possession of Satish Sahani @ Gana and one countrymade pistol and one live cartridges were found on from the possession of Jhunjhun Yadav @ Ajit.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Satish Sahani @ Gana and Jhunjhun Yadav @ Ajit after 22 days of incident. The role of the applicant was extended to exhortation only. Nothing was recovered from the possession of applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 10.10.2018 (more than four and half 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 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 applicant Vishal Nishad @ Mantu involved in Session Trial No. 558 of 2018 as well as Case Crime No. 158 of 2018, under Sections 302, 307, 34 IPC and Section 7 of Criminal Law Amendment Act, Police Station Tiwaripur, District Gorakhpur 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.
Order Date :- 26.2.2019 A. Singh