Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14644 of 2019 Applicant :- Dheeraj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter and rejoinder affidavits filed in Court today, are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 170/2013 under Section 307 IPC, police station Mundhapandey, District Moradabad with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant was named in the FIR on account of political enmity; that during investigation the involvement of the applicant was not found and therefore, police have submitted a final report against the applicant but thereafter, the applicant was summoned by the concerned Magistrate without considering the relevant material on record; that co-accused Rameshwar Singh, against whom chargesheet was filed, has already been enlarged on bail by the court below itself, copy of which has been annexed as annexure no. 4 to the bail application; that the alleged incident relates to the year 2013 and the applicant is languishing in jail since 21.03.2019 and he has no criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However, it has not been disputed that the final report was submitted against the applicant.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case and also considering the fact that after investigation, police have filed a final report against the applicant concluding that his involvement in the alleged incident was not found, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Dheeraj Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of 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 an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant 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 the applicant 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 would be open to the prosecution to move for cancellation of bail.
Order Date :- 29.5.2019 Anand