In cases involving charges under Section 307 IPC, the court must carefully consider the evidence to determine whether the accused was the principal offender and whether there are any material contradictions in the prosecution's case.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59020 of

2022

Applicant :- Dheeraj

Opposite Party :- State of U.P.

Counsel for Applicant :- Yogesh Kumar Srivastava,Noor

Muhammad

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has

prayed to be enlarged on bail in Case Crime

No.492 of 2022 at Police Station-Ramgarh,

District-Firozabad under Sections 147, 307, 120B

IPC. The applicant is in jail since 25.09.2022.

The bail application of the applicant was rejected

by the learned trial court on 15.12.2022.

The following arguments made by Shri Noor

Muhammad, learned counsel on behalf of the

applicant, which could not be satisfactorily refuted

by Shri Paritosh Kumar Malviya, learned A.G.A.-I

from the record, entitle the applicant for grant of

bail:

(1). The informant has not been identified the

applicant as the principal offender who discharged

the firearm and inflicted the gun shot injury on the

injured in his statement under Section 161 Cr.P.C.

(2). There are material contradictions in the F.I.R.

and the statement of the informant under Section

161 Cr.P.C. and that of the injured under Section

161 Cr.P.C. which discredit the prosecution case.

(3). Even as per the prosecution case, the applicant

was driving the motorcycle while the principal

offender was riding pillion. As such, the applicant

was not in a position to discharge his firearm.

(4). The applicant is not a flight risk. The applicant

being a law abiding citizen has always cooperated

with the investigation and undertakes to cooperate

with the court proceedings. There is no possibility

of his influencing witnesses, tampering with the

evidence or reoffending.

However, learned AGA points out that the

applicant has two more criminal cases pending

against him.

Rejoining the issue and relying on the instructions

received by the learned A.G.A., Shri Noor

Muhammad, learned counsel on behalf of the

applicant contends that the applicant is a

financially destitute person and has virtually no

pairokar to search out the details of his criminal

history. But having perused the said history from

records of the AGA and on the basis of instructions

submits that the applicant belongs to an

economically weaker section of the society and has

become an easy scapegoat for the police

authorities. The police authorities falsely

implicated him in the aforesaid cases to show the

proficiency of the police investigators. The said

cases do not have any bearing on the instant case.

In the light of the preceding discussion and without

making any observations on the merits of the case,

the bail application is allowed.

Let the applicant-Dheeraj be released on bail in the

aforesaid case crime number, on furnishing a

personal bond and two sureties each in the like

amount to the satisfaction of the court below. The

following conditions be imposed in the interest of

justice:-

(i) The applicant will not tamper with the evidence

or influence any witness during the trial.

(ii) The applicant will appear before the trial court

on the date fixed, unless personal presence is

exempted.

Order Date :- 11.1.2023

Ashish Tripathi

Digitally signed by :-

ASHISH NAYAN TRIPATHI

High Court of Judicature at Allahabad