Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27157 of 2019 Applicant :- Devendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Rejoinder affidavit filed by counsel for the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there was no specific role assigned to the applicant in the FIR. However, the injured has assigned specific role to the applicant in his statement but subsequently affidavits were filed in his favour before the Investigating Officer. In paragraph 18 of the affidavit in support of the bail application the applicant has stated that after the informant and injured came to know about the correct facts, they have filed their affidavits before Superintendent of Police, Bareilly on 09.04.2019 stating that applicant and co-accused, Vedram, were not present at the time of incident and no firing was done by them. In the counter affidavit filed by learned A.G.A this fact has not been denied specifically. Only general denial has been made. The criminal history of applicant is explained in para 11 in the rejoinder affidavit filed today in court. He is in jail since 18.03.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Devendra, be released on bail in Case Crime No. 76 of 2019, under Sections- 147, 148, 149, 307 I.P.C., Police Station- Cantt, District- Bareilly, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.8.2019 Rohit