Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22094 of 2019 Applicant :- Arvind Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Kumar Mishra Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Arvind Singh seeking bail in Case Crime No. 44 of 2019, under Sections 307, 120B IPC, Police Station Ahar, District Bulandshahr.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. He has next submitted that the applicant is not named in the First Information Report, however, in the statement of the victim Pusphendra recorded during the course of investigation, the applicant has been assigned the role of hatching conspiracy whereas the role of firing has been assigned to co-accused Akash and Raju. Learned counsel for the applicant has next submitted that the applicant has no criminal to his credit and he is in jail since 29.4.2019 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 29.4.2019 and has no criminal history to his credit.
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 the applicant Arvind Singh 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.
However, the Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 31.5.2019 Rk