Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23003 of 2019 Applicant :- Bhulli @ Shiv Saran Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pandey,Dheeraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant as well as Sri J. K. Upadhyay, learned AGA for the State and perused the material placed on record.
Applicant- Bhulli @ Shiv Saran seeks bail in Case Crime No.
50 of 2019, under sections 5/25 Arms Act, Police Station- Badausa, District- Banda.
It is argued by the learned counsel for the applicant that applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that alleged recovery of country made gun, is false, fabricated and planted. In fact no such recovery regarding making the country made arms has been effected from the possession of the applicant. It is also submitted that there is no independent witness of the alleged recovery and the applicant has no concern with the alleged recovery. It is next submitted that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Moreover, the investigation in this case has been completed and the charge-sheet has been filed. The applicant is languishing in jail since 28.03.2019. In case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits, let the applicant, Bhulli @ Shiv Saran involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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.
Order Date :- 31.5.2019 V.S.Singh