Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9806 of 2018 Applicant :- Dal Chandra @ Tillu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Amar Singh Yadav, Sri S.N. Bhatta and Sri Shashi Kant Pandey, Advocate on behalf of complainant is taken on record.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely, Yogesh, Tillu @ Dalchandra, Pooran, Ram Singh and Nawab Singh, alleging that on 21.9.2016 they assaulted the injured, namely, Kale Singh with lathi-danda and accused Yogesh shot fire, injured received one firearm on his chest and other injuries are simple in nature.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is general allegations against all accused except Yogesh. Offences levelled against the applicants are not attracted in the present case. Injuries found on the body of the injured are simple in nature except one injury. Criminal history of the applicants have been properly explained. Main role of causing firearm injury is assigned to co-accused Yogesh. They are languishing in jail since 26.10.2017 (more than five months) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Sonu @ Ram Singh and Pooran have been granted bail by this Court on 1.2.2018 and 7.3.2018 vide Criminal Misc. Bail Application Nos. 3552 of 2018 and 8654 of 2018, since the role of the applicants is not distinguishable with the role of co- accused, therefore, the applicants are also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that criminal history has been explained.
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 applicants Dal Chandra @ Tillu and Nawab @ Nabba involved in Case Crime No. 638 of 2017, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, P.S. Gunnaur, District Sambhal 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 following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 A. Singh