Allahabad High Court
Suraj vs State Of U.P. on 2 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18636 of 2019
Applicant :- Suraj
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Singh,Rajeev Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR was lodged against 2 unknown with the averments that on 20.2.2019 at about 8:00 p.m. the deceased Durgesh Kumar along with Shyam Sunder were going to village Baghar after closing the shop. When they reached near Rampur Gosai two unknown persons came on motorcycle and shot fire upon the deceased. The name of applicant came into light in the statement of Shyam Sunder after 12 days of the alleged incident. In the statement of Shyam Sunder it has come that two persons came on motorcycle. The person who was sitting on back side he fired upon the deceased. He also disclosed the name of those persons as Amit Yadav and Shailendra Singh @ Munnu Singh. He has further stated that after sometime applicant and co-accused Abhishek Sahani came on motorcycle but they did not stop there. He has expressed suspicion against the applicant and co-accused Abhishek Sahani to be involved in the alleged offence. It has further been submitted that only allegation against the applicant is that when the applicant and one co-accused reached at the place of occurrence on motorcycle they did not stay there in spite of saying Shyam Sunder. The applicant has no concern with the alleged incident. The role of causing injury to the deceased has been assigned to co-accused Shailendra Singh @ Munnu Singh. The co-accused Ankit was driving the motorcycle. The applicant has falsely been implicated only on the basis of suspicion. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 6.3.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Suraj involved in Case Crime No. 35 of 2019, under section 302, 34 IPC, P.S. Belghat, District Gorakhpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 2.5.2019
Masarrat
