Allahabad High Court
Pradeep Kumar @ Shailesh And ... vs State Of U.P. on 4 December, 2017
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30364 of 2017
Applicant :- Pradeep Kumar @ Shailesh And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav
Counsel for Opposite Party :- G.A.,Raj Kr Gautam,Ravindra Kr Dwivedi
Hon'ble Aniruddha Singh,J.
Short counter affidavit and rejoinder affidavit filed today are taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, indiscriminate firing has been allegedly shot by Pradeep Kumar @ Shailesh, Brijesh, Rakesh @ Tagad, Shiv Nandan and Veer Pal at grandfather of the complainant in the intervening night of 19/20.2.2017 at 1 P.M. In the said incident, victim Ram Das received nine injuries i.e. abrasions & contusions, one metallic density foreign body measuring 4x1 cm in left lateral aspect of face anteromedial to samus of mandilate. fracture in 5th metacorpal and in ulna.
It is submitted by learned counsel for the applicant that after conclusion of investigation, Final Report in favour of accused Rakesh, Shiv Nandan and Veer Pal was submitted. It is further submitted that sons of injured Ram Das committed murder of father of applicants and applicant No.1 lodged FIR on 31.3.2015 against sons of injured Ramdas and others in Case Crime No. 96 of 2015 under Sections 147, 148, 149, 302, 308 IPC, Police Station Kotwali, District Etah and applicants are complainant and witness. This FIR has been falsely lodged to create pressure for compromise in the murder case. False documents of injury have been obtained. No specific role has been assigned to any of the accused. There is criminal history of one case against applicant no. 1 and in that case Final Report has been submitted which has been explained in the supplementary affidavit. Applicant no. 2 has no criminal history. There was no independent witness.The incident was of midnight. The injured was 70 years old and on suspicion, complainant lodged FIR against these accused due to enmity. The applicants are languishing in jail since 1.3.2017(more than 9 months) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Pradeep Kumar @ Shailesh and Brijesh involved in Case Crime No.50 of 2017, under Sections 147, 148, 149, 307, 504, 506 IPC, Police Station Sakit, District Etah Police Station Dilari, District Moradabad 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 applicants will not tamper with the evidence during the trial.
2.The applicants will not pressurize/ intimidate the prosecution witness.
3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants 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 :- 4.12.2017
P.P.
