Cr.M. Bail Application filed by Indra Pal under charges of rioting and murder. Court observed specific role of firing was assigned to another accused. Bail granted on personal bond and two sureties subject to conditions.
Released on bail under S. 147, 148, 302/34 IPC on furnishing personal bond and two sureties subject to specified conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56471 of 2019
Applicant :- Indra Pal Opposite Party :- State of U.P. Counsel for Applicant :- Priyanka Devi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Ms. Priyanka Devi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
As per F.I.R. version, the incident took place on 13.10.2019 at 22:30 p.m. about which the report was lodged on 14.10.2019 at 5:55 a.m. making allegations that the deceased is the son of informant and with others he had formed a fishery team and on the fateful day he alongwith accused persons named in the F.I.R. had gone for fishery and some body fired on the deceased who died.
The submission of the learned counsel for the applicant is that the statement of the informant has been recorded twice by the Investigating Officer and on both the occasions he has stated differently. Earlier he did not alleged any thing against the accused applicant and in the subsequent statement he made allegations against Kallu Prakash, Indrapal (accused-applicant), Ashok, Sunni @ Sunil and Rattu Rajput and has stated that in the light of torch they saw that some body fired and these accused persons were found running towards the mountain. He has further stated that at the earlier occasion in some confusion he lodged F.I.R. against the four persons named in the F.I.R. The submission of the learned counsel is that role of firing has been assigned on Prakash. Further submission is that applicant has been falsely implicated in the present case, moreover, the police has already filed charge-sheet after investigation. Further submission is that applicant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant is languishing in jail since 21.10.2019 and undertakes that he will not misuse the liberty of bail, if granted.
Learned A.G.A. has vehemently opposed the prayer. He has however, conceded that charge-sheet has been filed by the police after investigation.
Having heard the submission of learned counsel of both sides, considering the fact that there is no specific allegation against
the accused applicant that he fired on the deceased, the role of firing appears to have been assigned in the prosecution version on accused Prakash and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Indra Pal be released on bail in Case Crime No. 141 of 2019, under Sections 147, 148, 302/34 I.P.C., P.S. Shrinagar, District Mahoba, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2019
Bhanu
2 issues framed by the court
Whether bail is maintainable when the FIR alleges collective firing but no specific charge of firing is pinned on the applicant.
Whether the applicant can be granted bail having lodged a personal bond and sureties on the peculiar facts of the case.
4 provisions across 2 enactments
Indra Pal
State of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
