Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20859 of 2019 Applicant :- Ajay @ Hari Shanker Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Ajay @ Hari Shanker, who is involved in Case Crime No. 111 of 2019, under Sections 394, 34, 411 I.P.C., P.S. Sirsaganj, District Firozabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, which was got registered on 07.03.2019 at 12.35 P.M. whereas occurrence was said to be of 06.03.2019 at 20.30 P.M.. It was a delayed report by informant Manoj Kumar, wherein attempt to snatch purse was assigned to Devesh and giving of firearm shot was assigned to Durvesh. Accused-applicant was neither assigned the role of snatching purse or giving firearm shot. He is of no concern with above occurrence. Criminal history of five cases has been duly explained in supplementary affidavit and he is on bail in each case. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and gone through material placed on record, it is apparent that a delayed report was lodged with this contention that attempt to snatch purse was made by Devesh and under protest firearm shot was made by Durvesh. Though, recovery of money has been said against accused-applicant, but the same is with no specific mark of identification for fixing connectivity with this case crime number. The criminal history has been duly explained.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Ajay @ Hari Shanker, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 NS