Allahabad High Court
Gajendra @ Jaiki vs State Of U.P. on 9 July, 2019
Bench: Aniruddha Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27121 of 2019
Applicant :- Gajendra @ Jaiki
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri P.K. Srivastava,learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against six persons namely, Danveer, Pappu @ Brijmohan, Chetram, Pooran, Prakash and Gajendra @ Jaiki alleging that on 6.3.2019 on exhortation of Danveer, other accused opened fire indiscriminately at Chaudhary @ Durgesh(brother of complainant). He received one gunshot injury on head and died.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 12.3.2019(about four months) having no criminal history. He has been falsely implicated. General role is alleged to have been assigned to all the accused except Danveer and only one gunshot injury(one entry and one exit) was found on the head of deceased caused by Danveer. Countrymade pistol and cartridges were recovered from the possession of Danveer. Role of applicant is distinguishable from Danveer. 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 Gajendra @ Jaiki involved in Case Crime No.87 of 2019, under Section 147, 148, 149, 302 IPC, Police Station Gunnaur, District Sambhal(Bheem Nagar) 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 :- 9.7.2019
P.P.
