Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23212 of 2019 Applicant :- Chhotu@Yatendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Chhotu @ Yatendra, who is involved in Case Crime No. 0061 of 2019, under Sections 147, 148, 149, 323, 504, 506, 307 I.P.C., P.S. Quarsi, District Aligarh, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. He was not named in the F.I.R. nor in the statement of informant. His name was surfaced in confessional statement of main accused Hakku. Thereafter, role of being member of unlawful assembly was assigned against accused-applicant in the statement of injured, whereas role of giving firearm shot by licensed revolver 5 to 7 rounds was assigned to co-accused Hakku only. Accused-applicant was of no criminal antecedent till above date of occurrence. He was subsequently implicated in two cases, in which he is on bail. There is no likelihood of applicant's fleeing from course of justice or tampering with evidence. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that recovery of Tamancha with two cartridges is against accused-applicant.
Having heard learned counsel for both sides and gone through material placed on record, it is apparent that accused-applicant was not named in F.I.R.. His name was there in the confessional statement of main accused Hakku. Subsequently, he was assigned the role of being member of unlawful assembly, but giving of firearm shot was specifically assigned against co- accused Hakku. Accused-applicant was of no criminal antecedent till above date of occurrence.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Chhotu @ Yatendra, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 3.6.2019 NS