Budhpal v. State Of U.P.

Arvind Kumar Tripathi, J.:— Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A for the State and perused the record.

2. Learned counsel for the applicant contended that general role of firing has been assigned to applicant and other accused. However, one person has died on whose person only three gun shot injuries were found. There was allegation of assault to informant and gunner, however there was no injury and any injury report. In the year 2008, applicant was falsely implicated under Section 302 I.P.C in which he has been acquitted. Apart from that there is no credible evidence against the applicant. Subsequently, he was challaned under the Gangster Act. Prayer for bail of 11 accused including the Mitthan Yadav have already been allowed. He will not misuse the liberty of bail and will cooperate with the trial if he is released on bail. He is in jail since 22.2.2014

3. Learned A.G.A as well as learned counsel for the complainant opposed the prayer for bail. Learned counsel for the complainant contended that there was indiscriminate firing by the applicant and other co-accused causing fatal injuries. The order of bail have been passed in favour of Mitthan Yadav and other co-accused against which SLP was filed before Hon'ble Apex Court in which notices have been issued and tomorrow date is fixed. Hence, applicant is not entitled for bail.

4. In view of above facts, considering the nature of allegation, severity of punishment and period of detention, without expressing any opinion on merit, it is a fit case for bail.

5. Let the applicant Budhpal @ Buddhu be enlarged on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of court concerned in case crime no. 237 of 2013 under Sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B, 34 I.P.C Police Station Kavi Nagar, District Ghaziabad with the following conditions:

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/intimidate the prosecution witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

6. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.