Allahabad High Court
Puneet Agarwal vs State Of U.P. on 30 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22689 of 2019
Applicant :- Puneet Agarwal
Opposite Party :- State Of U.P.
Counsel for Applicant :- Gufran Ahmad Khan,Nazrul Islam Jafri(Senior Adv.)
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard Sri Nazrul Islam Jafri, learned Senior Counsel assisted by Sri S.I. Jafri, 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 unknown persons. In FIR it has been mentioned that on 12.4.2018 at about 8.00 P.M. two persons came on motorcycle and made indiscriminate firing upon the deceased due to which he sustained gun shot injury and died. The name of applicant came into light in the confessional statement of co-accused Pradeep @ Suraj. The name of Manish @ Kishan was also came into light in the confessional statement of co-accused Pradeep @ Suraj who has been enlarged on bail by another bench of this court vide order dated 15.5.2019 in Criminal Misc. Bail Application No. 1568 of 2019. The recovery of motorcycle used in the commission of crime was shown from the possession of co-accused Abhishek who has also been enlarged on bail by another bench of this court vide order dated 20.12.2018 in Criminal Misc. Bail Application No. 48626 of 2018. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The criminal history of the applicant has been explained in para 26 of the affidavit filed in support of bail application. The applicant is in jail since 29.12.2018.
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 Puneet Agarwal involved in Case Crime No. 256 of 2018, under section 302, 34, 120B IPC, P.S. Khair, District Aligarh 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 :- 30.5.2019
Masarrat
