Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44917 of 2018 Applicant :- Arjendra Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Arjendra Singh and Rahul @ Awadh Pal Singh seeking bail in Case Crime No. 109 of 2006, under Sections 308/34, 323/34, 504, 506 IPC, Police Station Narkhi, District Firozabad.
Learned counsel for the applicants has submitted that the applicants were named in the FIR, however, after investigation, no charge- sheet was submitted against them and they were exonerated. Subsequently, after recording of the statement of the first informant Manoj Kumar as PW-1, an application under Section 319 CrPC was moved to summon the applicants also as an accused, which was allowed and the applicants were summoned to face trial. Pursuant to the said summoning order, the applicant appeared before the Court and moved their bail application, which was rejected by the Court below.
Learned counsel for the applicant has next submitted that similarly placed co-accused Saurabh has already been granted bail by this Court in Criminal Misc. Bail Application No. 19667 of 2006 vide order dated 18.09.2006 and the case of the applicants also stands on the same footing.
Learned counsel for the applicants has further submitted that the applicants have no criminal history to their credit and they are in jail since 26.10.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that similarly placed co-accused Saurabh has already been granted bail by this Court and that the applicants have no criminal history to their credit and they are in jail since 26.10.2018.
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 applicants have made out a case for bail.
Let the applicants Arjendra Singh and Rahul @ Awadh Pal Singh be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 27.11.2018 Nadim