Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2248 of 2018 Applicant :- Dara Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant 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. He has not committed any offence as alleged in the F.I.R. He further contended that the injured Km.Shayreen was medically examined by Dr.Arvind Kumar. As per medical report, two injuries were found and and both injuries are simple in nature. As per statement of injured recorded under Section 161 Cr.P.C. in which he deposed that she has not seen anyone firing to her.
He further submitted that the applicant has four criminal history. The same has been explained in para-13 of the bail application.
Lastly he submitted that the applicant is in custody since 23.10.2017 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, learned A.G.A opposed the prayer for bail and submitted that present applicant has fired by Tamancha and due to that injured sustained firearm injury.
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 Dara Singh involved in Case Crime No.0871 of 2016, under Sections 307,504, 506 and 323 IPC, P.S. Milak, District Rampur 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