Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20420 of 2017 Applicant :- Brij Raj @ Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rachna Tiwari,Gulab Chandra Counsel for Opposite Party :- G.A.,Ram Kishor Gupta
Hon'ble Chandra Dhari Singh,J.
Heard Sri Rupesh Kumar Singh holding brief of Ms.Rachna Tiwari, learned counsel for the applicant, Sri Dinesh Gupta, learned counsel holding brief of Sri Ram Kishor Gupta, learned counsel for the complainant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant contended that the applicant has falsely been implicated in this case with malicious intention as he was contesting the Pradhan Election. He has not committed any offence as alleged in the F.I.R. He further submitted that case set up by the prosecution is highly improvable. There is no eye witness and independent witness against the applicant. F.I.R. has been lodged after five days. The same has not been explained. He has no previous criminal history.
Lastly he submitted that the applicant is in custody since 09.03.2017 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, Sri Dinesh Gupta, learned counsel holding brief of Sri Ram Kishor Gupta, learned counsel for the complainant and learned A.G.A opposed the prayer for bail. Learned counsel for the complainant submitted that a bare perusal of the F.I.R. shows that the applicant has committed serious offence and set the whole village on fire. Therefore, bail application of the present applicant is liable to be dismissed.
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.
Let the applicant Brij Raj @ Pappu involved in Case Crime No.56 of 2017, under Sections 435, 436 and 427 IPC, P.S. Chikasi, District Hamirpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit any offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 30.3.2018 Asha