Allahabad High Court
Pradeep Alias Kulfi vs State Of U.P. on 15 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:88203 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17652 of 2024 Applicant :- Pradeep Alias Kulfi Opposite Party :- State of U.P. Counsel for Applicant :- Shikhar Tandon Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Shikhar Tandon, learned counsel for the applicant and Sri Amar Nath Vishwakarma, learned Brief Holder for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 152 of 2024, under Sections 307 read with Section 34 IPC and Section 3/25 Arms Act, Police Station Modinagar, District Ghaziabad, during pendency of the trial in the court below.
3. FIR of the present case was lodged against unknown persons and according to the FIR, some unknown persons caused fire arm injury to the cousin brother of the informant.
4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation it was revealed that alongwith the injured two persons Awani and Sonali were present and they made the videos and from the video it reflects that miscreants managed to escape from the spot from motorcycle No. UP16BF4316 and when it was revealed that Satpal was the owner of the motorcycle then police interrogated him and he stated to the police in his statement under section 161 Cr.P.C. that about 7 years before, he sold the motorcycle to the applicant but he also stated that till date, motorcycle is still on his name.
5. He further submitted that applicant never bought the motorcycle from Satpal and merely on the basis of statement of Satpal he was made accused in the present matter.
6. He further submitted that applicant was not put for any identification parade.
7. He further submitted that neither alleged two eye witnesses nor injured disclosed the name of the applicant in their first statement recorded during investigation but when second statement of the injured Shivang Gupta was recorded then he disclosed the name of the applicant and co-accused Nitin and he stated that co-accused Nitin was the person who caused fire arm injury to him.
8. He further submitted that as per allegation from the possession of the co-accused Nitin country made pistol and cartridges were also recovered.
9. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 4.3.2024.
10. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.
11. I have heard learned counsel for the parties and perused the record of the case.
12. From the perusal of the record, it reflects that nobody was named in the FIR and during investigation after disclosing the fact that motorcycle No. U.P.16BF4316 was used in the crime, name of the applicant was surfaced in the present matter as according to the real owner of the motorcycle, applicant bought the motorcycle from him about seven years ago but record further suggest that till date, owner of the vehicle is Satpal and applicant is not the owner of the said motorcycle.
13. Further, applicant was not put for identification parade and in the first statement injured Shivang Gupta did not disclose his name and it appears that he disclosed his name alongwith co-accused Nitin in his second statement recorded during investigation and even from the perusal of the second statement of the injured which was produced by learned AGA during the course of argument, he was not the person who has caused his fire arm injury to him and co-accused Nitin was the person who caused injury to the injured.
14. Further, applicant is having no previous criminal history and no recovery was made from his possession and he is in jail in the present matter since 4.3.2024.
15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.
16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
17. Let the applicant-Pradeep Alias Kulfi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
18. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
19. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 15.5.2024 Ankita