Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42 of 2021 Applicant :- Ajay Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Raghvendra Pratap Singh, holding brief of Sri Janardan Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is also submitted that in this case, main role was assigned to co-accused Shivam Singh for causing a firearm injury to the injured and the role assigned to applicant is of provoking co-accused Shivam Singh. It is further submitted by learned counsel for the applicant that the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that there is no criminal history of the applicant and it is a case of false implication. Lastly it is submitted that the applicant is in jail since 29.09.2020 and if released on bail, he will not misuse the liberty of bail.
Learned A.G.A. for the State vehemently opposed the prayer of bail. However, he does not dispute the aforesaid fact as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant-Ajay Singh be released on bail in Case Crime No.326 of 2020 under Section 34, 307, 504 IPC, Police Station Jeeyanpur, District Azamgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 S. Singh