Allahabad High Court
Omprakash 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. - 23957 of 2019
Applicant :- Omprakash
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Tiwary(Senior Adv.),Ashwini Kumar Awasthi
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, FIR was lodged against Om Prakash, Aditya Kumar, Anand Prakash, Avnish Kumar, Virendra Kumar, Ram Bihari and Suwa Lal alleging that on 29.4.2015 they entered into the house of brother of complainant; Avnish and Aditya opened fire with 315 Bore pistols; Anand armed with gun was standing outside the verandah and remaining four persons assaulted with 'Banka' and shot dead Ram Ladaite and Prabha Devi. They received ante-mortem firearm injuries and other injuries. During investigation one Ranno Devi stated that she recognized Virendra, Suwa Lal and Ram Bihari. During investigation, it was found that on the pointing out of Dhirendra Kumar one country made pistol and cartridges were recovered and from Suwa Lal bloodstain axe was recovered.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 2.6.2018 (one year and one month) having no criminal history. Due to heavy load work in the trial court, there is no possibility to get this case decided in near future. According to FIR, role of assault was specifically assigned to Om Prakash, Virendra Kumar, Ram Bihari and Suwa Lal. Complainant in his statement under Section 161 Cr.P.C. assigned general role to all accused and later on, denied to have recognized them. Complainant has four criminal history to his credit and he was convicted under Section 302 IPC. Deceased Ram Ladaite had also three criminal history to his credit. The incident is of night and only on the basis of suspicion the applicant has been falsely implicated. The incident is of night and nobody had seen the incident and some unknown person killed the deceased. There is no recovery at the pointing out of the applicant. There is no There is no specific allegation to assault the deceased in the FIR. There is no possibility to get this case decided in near future. In case applicant is released on bail, he 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. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Omprakash involved in Case Crime No.383 of 2015, under Section 147, 148, 149, 452, 307, 302 IPC, Police Station Powayan, District Shahjahanpur 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.
It is made clear that this bail order shall not be applicable for claiming parity to other co-accused.
Order Date :- 8.7.2019
OP
