Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33820 of 2019 Applicant :- Yogesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri S.K. Tripathi, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged by Jitendra Singh against three accused persons, namely Kailash Chand, Sudhir Kumar and Deepak alleging that on 10.3.2019 at 10 a.m. they shot fire at Sarojani Devi (mother of complainant), she received two gunshot injuries, resultantly died. During investigation, names of named accused persons were exonerated and name of applicant was surfaced. He was arrested by the police on 11.3.2019, confessed the offence and countrymade pistol used in the crime was recovered at the pointing out of applicant. On 3.7.2019 one application was moved by complainant Jitendra Singh before I.G., Agra stating therein that after taking huge money by the Investigating Officer, he exonerated the main accused namely Kailash Chand, Sudhir Kumar and Deepak and falsely implicated one another person Yogendra Kumar (applicant). Charge sheet has been submitted against the applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Police has falsely implicated the applicant to save main accused. There is no strong motive against the applicant. There is no independent witness and no legal and cogent evidence against the applicant except the confessional statement of applicant before police personnels. So-called recovery was falsely planted by the police to show his good work. There was no intention or knowledge to kill the deceased. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 11.6.2019 (near about two 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 Yogesh Kumar involved in Case Crime No. 194 of 2019, under Section 302 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 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 :- 21.8.2019 A. Singh