Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2599 of 2019 Applicant :- Vishal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated due to enmity; that as per prosecution case in FIR, five named and five unnamed persons committed the incident and by indiscriminate firing caused death of Akhilesh Yadav, and injuries to first informant Virendra Pratap; that postmortem report states that deceased sustained single firearm injury; that applicant may not be considered to be author of injury of deceased; that co-accused Manish Singh, Bhupesh @ Bhuvnesh Kumar Singh and Shani Singh @ Vivek Singh have been granted bail by other Benches vide orders dated 25.06.2018, 09.10.2018 and 09.10.2018 passed in Criminal Misc. Bail Application Nos. 23318 of 2018, 37190 of 2018 and 36227 of 2018 respectively, collectively filed at Annexure No. 9; that subsequent to this case, applicant was falsely implicated in Case Crime No. 86 of 2018 in which he has been enlarged on bail by this Court vide order dated 10.01.2019 passed in Criminal Misc. Bail Application No. 46987 of 2018, copy produced for perusal which is taken on record; that case of applicant is identical to co-accused who have been granted bail; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 13.04.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Vishal Singh be released on bail in Case Crime No. 84 of 2018 under Sections 147, 148, 149, 307, 302, 341 I.P.C., P.S. Badlapur District Jaunpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.1.2019 M. ARIF