Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8257 of 2019 Applicant :- Babloo Giri Opposite Party :- State Of U.P.
Counsel for Applicant :- A Kumar Srivastava,Rakesh Kumar Singh Counsel for Opposite Party :- G.A.
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 Babloo Giri seeking bail in Case Crime No. 151 of 2018, under Section 307 IPC, Police Station Tarwa, District Azamgarh.
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.
Learned counsel for the applicant has next submitted that as per the allegations made in the FIR, as many as four persons are said to have opened fire, due to which, Sunil Singh @ Tilthu and Mangal Singh @ Praveen Singh are said to have suffered injuries on their persons.
Learned counsel for the applicant has next drawn the attention of the Court towards statement of the victim recorded under Section 161 CrPC, wherein, he has stated that fire made by Sonu, hit him, where as fire made by Rahul had hit the other victim Mangal Singh @ Praveen. The applicant has not caused any injury to the victims.
Learned counsel for the applicant has next submitted that the criminal history of the applicant has been explained in para 16 of the affidavit and that the applicant is in jail since 22.08.2018 and 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 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 22.08.2018.
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 applicant has made out a case for bail.
Let the applicant Babloo Giri 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 :- 26.2.2019 /Nadim