Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 272 of 2019 Applicant :- Dhruva Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Srivastava,Vimal Chandra Pathak Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Second supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Dhruva Chandra seeks bail in Case Crime No. 569 of 2006 (S.T. No. 21 of 2013), under Sections 452, 307, 324, 323, 504, 506 IPC, P.S. Lalganj, District- Basti.
Learned counsel for the applicant has submitted that initially the first information report was lodged under Sections 452, 323, 324, 325, 504, 506 IPC, in which the applicant appeared before the court below and was directed to be released on bail vide order dated 17.11.2006. Subsequently, at the time filing of charge sheet, Section 307 IPC was added. Thereafter the applicant appeared before the trial court and the trial proceeded. Learned counsel for the applicant has next submitted that since the applicant was not granted bail under Section 307 IPC, as such he moved an application before the trial court to release him on bail under Section 307 IPC also, however his bail application was rejected by the trial court vide order dated 12.11.2018. Thereafter, the applicant has moved the present bail application before this Court. Learned counsel for the applicant has next submitted that in respect of the present incident first information report has been lodged from both the sides and both the sides have suffered injuries. From the side of the applicant, Anju and applicant himself have suffered injuries, whereas from the side of first informant, Vijai Kumar and Raj Deo has suffered injuries. Learned counsel for the applicant has next submitted that who, out of the two rival groups, was the aggressor, cannot be determined at this stage. Learned counsel for the applicant has next submitted that applicant was already on bail during the course of trial under Sections 452, 323, 324, 325, 504, 506 IPC, which he has not misused. Lastly, it is submitted that applicant is in jail since 27.10.2018 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.The applicant has no criminal history to his credit.
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 27.10.2018 and has already been granted bail in the present case under Sections 452, 323, 324, 325, 504, 506 IPC, which he has not misused.
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 Dhruva Chandra 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 :- 27.2.2019 KU