High Court
Case Details
Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39763 of 2022 Applicant :- Sagar Alias Kurkura Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J. Heard Sri Ikshwaku Srivastava, Advocate holding brief of Sri Ravindra Kumar, learned counsel for the applicant, Sri Ravi Prakash Bhatt, learned A.G.A. for the State and perused the entire record. The instant application for bail has been moved on behalf of the applicant, Sagar Alias Kurkura with the prayer to enlarge him on bail in Sessions Trial No.1287 of 2021 arising out of F.I.R./Case Crime No.417 of 2021, under Sections 302 and 34 I.P.C., Police Station Medical, District Meerut, during pendency of the trial. Learned counsel for the applicant has submitted
Legal Reasoning
that the first information report is based on false and fabricated facts. The accused/applicant is innocent who has been falsely implicated in this case. His further submission is that initially a first information report came to be lodged against two named accused persons, namely, Rohit and the present applicant, Sagar Alias Kurkura. His further submission is that according to prosecution story, the brother of the first informant, namely, Akash/ deceased is said to have been done to death by the two named accused persons including the present applicant by opening fire at him. However, he has submitted that subsequently, the first informant, in his subsequent statement recorded under Section 161 Cr.P.C., assigned role of shooting to one Sachin Kumar Sharma alias D.C. His next submission is that recovery of a firearm was also shown at the pointing out of co-accused, Sachin Kumar Sharma alias D.C. However, he has already been granted bail by a coordinate Bench of this Court vide order dated 19.10.2022 passed in Criminal Appeal No.736 of 2022 titled as Sachin Kumar Sharma alias D.C. vs. State of U.P. and another. His further submission is that similarly placed another co-accused, Rohit alias Vasu, who is named in the first information report, has also been enlarged on bail vide order dated 15.12.2022 passed in Criminal Misc. Bail Application No.36826 of 2022 titled as Rohit alias Vasu vs. State of U.P.
Legal Reasoning
Learned counsel for the applicant has also drawn attention of this Court to the fact that there is no recovery, whatsoever, of any alleged weapon of assault either from the possession of the present applicant or at his pointing out. Learned counsel for the applicant has further submitted that the accused/applicant is languishing in jail since 01.08.2021 who has no previous criminal history as stated in para-18 of the instant application for bail. His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail by submitting that the present applicant is named in the first information report. Specific role of opening fire was assigned to the present applicant in the first information report. However, the learned A.G.A. has been unable to dispute the other factual submissions advanced by the learned counsel for the applicant including the fact that the co-accused, Rohit alias Vasu and another co- accused, Sachin Kumar Sharma alias D.C. whose name surfaced during investigation and on whose pointing out, a firearm was also stated to have been recovered, have already been granted bail by the coordinate Bench of this Court vide order dated 15.12.2022 passed in Criminal Misc. Bail Application No.36826 of 2022 titled as Rohit alias Vasu vs. State of U.P. and vide order dated 19.10.2022 passed in Criminal Appeal No.736 of 2022 titled as Sachin Kumar Sharma alias D.C. vs. State of U.P. and another respectively. Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of record, it transpires that initially a first information report came to be lodged against the present applicant along with co-accused, Rohit for the offence under Section 302 I.P.C. It has been stated in the first information report that they fired at the deceased causing his death by a firearm. However, during investigation, the first informant assigned specific role of firing to the one Sachin Kumar Sharma alias D.C. whose pointing out, a country made firearm was also recovered. However, the accused, Sachin Kumar Sharma alias D.C. and other co-accused, Rohit alias Vasu, who was named in the first information report, have already been granted bail by the coordinate Bench of this Court vide order dated 15.12.2022 passed in Criminal Misc. Bail Application No.36826 of 2022 titled as Rohit alias Vasu vs. State of U.P. and vide order dated 19.10.2022 passed in Criminal Appeal No.736 of 2022 titled as Sachin Kumar Sharma alias D.C. vs. State of U.P. and another respectively. There is no recovery, whatsoever, of any incriminating article or alleged weapon of assault from the possession of the present applicant. The accused/ applicant is languishing in jail since 01.08.2021 who has no previous criminal history. Thus, having regard to overall facts and circumstances of this case and also keeping in view the arguments advanced on behalf of the parties, the nature of offence, evidence regarding the complicity of applicant and without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed. Let the applicant, Sagar Alias Kurkura be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial; 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment; 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail; 4. The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police ofÏcer; 5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court; 6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail. (Ajai Kumar Srivastava-I, J.) Order Date :- 13.1.2023 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad