Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7016 of 2019 Applicant :- Bhay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Priya Singh,Deshraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Bhay Singh seeks bail in Case Crime No. 32 of 2018, under Section 307 IPC, P.S. Kudhfatehgarh, District- Sambhal.
Learned counsel for the applicant has submitted that the present case is a police encounter case, in which firing is said to have made on the police personnels, but no police personnel have suffered any injury. Learned counsel for the applicant has next submitted that at the time of arrest of the applicant, one country made pistol is shown to have been recovered, for which a separate case has been registered against the applicant vide Case Crime No. 33 of 2018. The applicant has also been implicated in a case vide Case Crime No. 13 of 2018, under Sections 392, 411 IPC, in which the applicant was not nominated and he has already been granted bail by this Court in Criminal Misc. Bail Application No. 7627 of 2019 vide order dated 21.2.2019. Lastly, it is submitted that applicant is in jail since 26.2.2018 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.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 26.2.2018 and had no previous criminal history.
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 applicant Bhay 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.
Order Date :- 28.2.2019 KU