Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2399 of 2019 Applicant :- Abhishek Pandey Alias Baba Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit has been filed by learned counsel for the applicant today, which is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Abhishek Pandey Alias Baba seeks bail in Case Crime No. 182 of 2018, under Section 307/34 IPC, P.S. Mughalsarai, District- Chandauli.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has submitted that the present case is a police encounter case in which firing is said to have been made upon police personnel but no police personnel has suffered any injury.
Learned counsel for the applicant has next submitted that a pistol is said to have been recovered from the possession of the applicant for which a separate case has been registered against the applicant. Lastly, it is submitted that applicant is in jail since 30.05.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant is also involved in a case under Section 302 IPC, however in the said case applicant is merely said to be present outside the office which is the place of incident and no overt act is assigned to him. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. Police report has already been submitted in the present case and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 30.05.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Abhishek Pandey Alias Baba be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.2.2019 Ujjawal