Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1351 of 2019 Applicant :- Devi Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Devi Singh seeks bail in Case Crime No. 216 of 2018, under Sections 147, 148, 149, 307, 186, 420, 467, 468, 471 IPC and Section 12/14 of Dacoity Affected Area, Act, P.S. Chaubiya, District- Etawah.
Learned counsel for the applicant has submitted that the present case is a police encounter case, in which fire is said to have made on the police personnels, but no police personnel have received any injury. Learned counsel for the applicant has next submitted that the recovery shown to be made from the possession of the applicant has not yet been connected to any case. He has further submitted that two other criminal cases are shown to be registered against the applicant vide Case Crime Nos. 213 of 2018 and 215 of 2018 and in both the cases, the applicant has already been directed to be released on bail by this Court in Criminal Misc. Bail Application Nos. 767 of 2019 and 1010 of 2019 vide orders dated 8.1.2019. Lastly, it is submitted that applicant is in jail since 12.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 12.11.2018 and no police personnel has received any injury.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Devi Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.1.2019 KU