Allahabad High Court
Guddu vs State Of U.P. on 8 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24539 of 2019
Applicant :- Guddu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Neeraj Kumar Sharma, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against seven accused persons, namely, Pushpal Singh, Satyaveer, Ranveer Singh, Guddu, Smt. Vinod Kumar, Dr. Puran Singh and Hoti alleging that on 19.7.2017 they shot indiscriminate firing at Devendra Singh, he received one gunshot injury, resultantly died. Pushppal, Guddu, Ranveer and Smt. Vinod Kumari were arrested on the spot.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is cross case in case crime no. 297 of 2017 including under Section 302 IPC. It was a case of sudden fight and incident has taken place in spur of moment, applicant's side one person Satyaveer was died and one Pushppal received injuries. At this stage, it is not possible to decide who is the aggressor. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. Only one injury was found on the body of deceased. It is not clear from the prosecution evidence who was the author of the injury found on the body of deceased. There is no independent witness. There is no possibility to get this case decided in short period in future. He is languishing in jail since 20.7.2017 (near about two years) 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 counsel for the complainant opposed the prayer for bail.
Learned counsel for the complainant as well as 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 the applicant Guddu involved in Case Crime No. 180 of 2017, under Sections 147, 148, 149, 307, 302, 506, 34 IPC and 7 Criminal Law Amendment Act, P.S. Palimukimpur, 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 :- 8.7.2019
A. Singh
