Allahabad High Court
Raju @ Rajesh vs State Of U.P. on 29 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22604 of 2019
Applicant :- Raju @ Rajesh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Sharma,Ajay Kumar Sharma
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.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 13.1.2019, some unknown persons shot fire at Siyaram, he received two gun shot injuries on head, resultantly died. During investigation, it was found that Anil, Dharajit Pradhan @ Lagan, Akash @ Chilka shot fire at Siyaram with conspiracy of applicant and Amrendra @ Pilla. Country made pistol was recovered from the possession/pointing out of Dharajit Pradhan @ Lagan, Akash @ Chilka. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The role of applicant was extended to conspiracy. The applicant was not named in the F.I.R. The name of the applicant was surfaced after 5 days of the alleged incident on the basis of suspicion. After thought the false story was developed with legal consulation due to previous enmity. Nothing was recovered from the possession of the applicant. There is no eye witness account. There is no independent witness and no legal evidence. It has further been submitted that co-accused Amrendra @ Pilla and Keshav Singh have already been releaased on bail by another bench of this court and by this court vide orders dated 14.3.2019 and 7.5.2019 respectively. The case of the applicant is on better footing to that of co-accused who have already been released on bail. The applicant has no criminal history and is in jail since 24.4.2019.
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 Raju @ Rajesh involved in Case Crime No. 0009 of 2019, under section 147, 148, 149, 302, 120B IPC, P.S. Saiyan, District Agra 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 :- 29.5.2019
Masarrat
