Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8762 of 2019 Applicant :- Vivek Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Pankaj Rai (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely, Sunil, Bhikari Das, Rajkumar, Kamal Singh, Sumit and Ramniwash alleging that on 2.4.2018, they assaulted Mukesh Kumar, brother of the complainant. He received one gun shot injury on the back side of the body and died. During investigation, it was found that co-accused Ramniwash had shot fire on Mukesh Kumar.
Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. After five days of the incident the name of the applicant was surfaced and he had also last seen with the deceased before the incident.
Learned counsel for the applicant further submitted that co- accused-Sunil @ Baddha, Sumit Kumar, Bhikari Dasand Kamal Singh have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 28.8.2018, 27.8.2018, 13.7.2018 and 12.12.2018 in Criminal Misc. Bail Application Nos. 32682 of 2018, 32605 of 2018, 25855 of 2018 and 47477 of 2018 and the case of the applicant is not heinous than the case of co- accused, who has already been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 23.1.2019 (more than one month) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. Specific role of shot fire has been assigned to co-accused Ramniwash. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail he will not misuse the liberty of bail and will co-operate 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 and also admitted that the case of the applicant is identical to the case of co-accused-Sunil @ Baddha, Sumit Kumar, Bhikari Dasand Kamal Singh, who have been enlarged on bail and Specific role of shot fire has been assigned to co-accused Ramniwash.
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 Vivek Sharma involved in Case Crime No. 159 of 2018, under Section 147, 148, 149 and 302 IPC, Police Station-Atrauli, District-Aligarh 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 :- 28.2.2019 OP