In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43734 of 2016 Applicant :- Chhote Opposite Party :- State Of U.P.
Counsel for Applicant :- Umendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Supplementary affidavit filed today is accepted and taken on record.
Heard learned counsel for the applicant Sri Ghazanfar Abbas and Sri Rajesh Mishra as well as learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the police personnel due to enmity. Learned counsel further submits that in the alleged loot neither the applicant was identified nor any specific role has been assigned to him and there is no public witness of the same. Learned counsel further submits that in the FIR role of firing on police party has been mentioned but no injury has been received by anyone. It is next contended that there are no chances of the applicant fleeing away from the judicial process or of his tampering with the prosecution evidence. It is further contended that the applicant is in jail since 25.2.2015 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Chhote be released on bail in Case Crime No. 82 of 2016, under Sections 147/148/149/307/504 IPC, P.S. Khutar, District Shahjahanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 23.2.2018 Shekhar