Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30670 of 2019 Applicant :- Arun Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Arun with a prayer to release him on bail in Case Crime No. 278 of 2018, under Sections 323, 307, 34 I.P.C., Police Station- Greater NOIDA, District- Gautam Buddh Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with the collusion of police personnel. It is further argued that as per the allegations made in the F.I.R., on 15.10.2018, the son of the informant had gone to bus stand Kasana by his tempo bearing no. UP 16, CT-4363 and while he was driving some people had locked his way so he pressed horn, so that the persons would gone him way but instead the said persons started fighting with Brijesh, Manoj tried to intervene, in the meantime, one of the accused persons exhorted as a result of which Arun fired upon Brijesh and Manoj, which touched on the leg of Brijesh and hit Manoj, causing injury to both the injured. As per the injury report, the injuries sustained by the injured are simple in nature and the same are on non vital part of the body. It is further argued that the applicant is not named in the F.I.R., his name surfaced in the statement of the informant but no role of firing has been assigned to the applicant. Nothing has been recovered from the possession of the applicant. The co-accused-Arun @ Gulzar has confessed that he had fired upon the injured, on the instigation of Sachin. The applicant is languishing in jail since 09.06.2019. The criminal history of applicant has been explained in paragraph no.25 of the affidavit accompanying the bail application. In case, he is released on bail, he 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 applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of
U.P. and another, reported in (2018) 3 SCC 22, let the applicants involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall personally appear once in the first week of every month in the concerned Police Station for a period of two years. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.3 as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. 3 provided herein before may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 31.7.2019/JK Yadav