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2015 DIGILAW 1228 (ALL)

Gabbar @ Chandan v. State of U. P.

2015-05-14

VIJAY PRAKASH PATHAK

body2015
JUDGMENT Vijay Prakash Pathak, J. Heard learned counsel for the applicant and S/Sri Rajesh Pandey and M.S.Pandey, who have filed their appearance on behalf of complainant/informant as well as learned A.G.A. for the State and perused the record. 2. This bail application has been moved on behalf of the applicant Gabbar @ Chandan, who is involved in Case Crime No. 452 of 2014, under Sections 302, 307, 504, 506 IPC and 3(2) X SC/ST Act and 7 Criminal Law Amendment Act, P.S.Puramufti, District Kaushambi. 3. Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that according to FIR version itself the role of causing injury by firearm upon the deceased has been assigned to co-accused Amir Asrar @ Akku and although the role of firing has been assigned to the applicant upon the wife of the deceased but the same did not hit her. It is further contended that co-accused Ram Chandra and Afaque Ahmad who have been assigned the role of catching hold and firing upon one Anil but the same did not hit him, have been granted bail by this Court vide orders dated 29.04.2015 and 6.05.2015 passed in Criminal Misc. Bail Application No. 14427 of 2015 and 14286 of 2015 respectively. It is further contended that the case of the applicant is distinguishable to that of co-accused Amir Asrar @ Akku but is similar to that of co-accused Ram Chandra. It is lastly contended that the criminal history of four cases has properly been explained in paragraph 15 of the affidavit filed in support of the bail applicatoin. It is lastly contended that the applicant is in jail since 9.12.2014 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. 4. Learned A.G.A. as well as learned counsel for the complainant/informant opposed the prayer for bail and contended that that the applicant is having criminal history and he participated in the murder of the deceased but could not dispute the granting of bail to co-accused Ram Chandra and Afaque Ahmad as referred above. 5. Considering the entire facts and circumstances of the case, the allegations in the FIR and all other materials available on record, the applicant may be released on bail. 6. 5. Considering the entire facts and circumstances of the case, the allegations in the FIR and all other materials available on record, the applicant may be released on bail. 6. Let the applicant Gabbar @ Chandan, who is involved in Case Crime No. 452 of 2014, under Sections 302, 307, 504, 506 IPC and 3(2) X SC/ST Act and 7 Criminal Law Amendment Act, P.S.Puramufti, District Kaushambi 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 on the following conditions: - 1. The applicant will not tamper with the evidence during course of trial. 2. The applicant will not pressurise/ intimidate the prosecution witnesses. 3. The applicant will appear before the trial court on the date fixed. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.