Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 333 of 2019 Applicant :- Avneesh Kumar @ Bobby Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Tiwari 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 applicant Avneesh Kumar @ Bobby Yadav seeking bail in Case Crime No. 0815 of 2018, under Sections 307, 504, 506 IPC, P.S. Shikohabad, District Firozabad.
Learned counsel for the applicant has submitted that the present incident is an outcome of the dispute regarding payment of money between the family members of the applicant and it is alleged that the applicant in a fit of rage opened fire upon the victim, Sachin, who is nephew of the applicant, due to which he suffered scattered pallet injury on his forehead, however, X-Ray report shows that no internal damage has been caused. Learned counsel for the applicant has next submitted that the applicant is in jail since 13.11.2018, the police report has already been submitted in the present case and the chances of trial being concluded in near future is very bleak due to heavy dockets.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 13.11.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Avneesh Kumar @ Bobby Yadav 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.
Order Date :- 28.2.2019 R