Allahabad, Mar 31 (ILNS) The Allahabad High Court recently granted conditional bail to businessman Shyam Sushil Mishra charged in the case of murder and conspiracy.
A Single Bench of Justice PK Srivastava passed this order, while hearing a bail application filed by Shyam Sushil Mishra.
The bail application has been filed in the case under Sections 147, 148, 149, 302/34, 120-B, 307 of IPC and Section 7 of the Criminal Law Amendment Act at Police Station in Chakeri, District Kanpur Nagar.
The Counsel for the applicant submitted that the applicant has been falsely implicated in this case.
It was submitted that the FIR was lodged by Dharmendra Singh Sengar in respect of the incident dated June 30, 2020.
The FIR allegation was that there was a case pending against co-accused Asif for the offence of attempt to murder and the case was proceeding for evidence, the deceased was to be examined and the accused persons were pressurising for settlement, the deceased was not prepared for any settlement, therefore, on the fateful day accused persons intercepted Car of the deceased and four persons coming from behind on two bikes caused indiscriminate firing on the deceased, who sustained injuries and died on the spot.
In respect of the applicant, it has been alleged that he happens to be business partner with the deceased and his wife and he conspired and arranged sharp shooter to commit the offence.
The Counsel for the applicant submitted that the applicant was not named in the FIR, only on the basis of suspicion, his name has been mentioned subsequently in the statement of the witnesses.
He further submitted that applicant was nowhere present on the spot at the time of the incident.
It was stated that the only evidence available against the accused applicant was the confessional statement of the named accused persons and subsequently when the applicant was arrested, it was said that he also made a confessional statement.
It has been also said that applicant allegedly provided a car and posted information about the deceased, but in the CDR, there was no mention of the contents of the conversation and that cannot be a primary evidence in order to implicate the applicant.
The AGA and Counsel for the informant have vehemently opposed the prayer of bail and submitted that the applicant had motive in the commission of offence and he conspired with the accused persons and arranged money for the sharp shooter, so that they can commit the offence.
Support has been taken of the CDR for the argument that applicant was regularly in touch with co-accused persons, who committed the offence.
It has also been said that it is a case of day light murder and indiscriminate firing has been caused by the named accused persons, therefore, it has been said that in such kind of cases, no sympathy should be shown to such accused and the bail application should be rejected.
“It is clear that name of the applicant does not find mention in the FIR; it is also clear that at the time of the incident, the applicant was not present on the spot and therefore other evidences, which have been shown against the applicant, come in the category of circumstantial evidences and they will be required to be established during trial and considering that the applicant is in jail from the last eight months and without commenting on the merits of the case, I find it to be a fit case for bail”, the Court said.
The Court ordered that applicant be released on bail in case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ Court concerned, subject to following conditions:-
(i) The applicant will co -operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through Counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the Court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities. ILNS/SNG/RJ