Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39261 of 2020 Applicant :- Dinesh Gurjer Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Dinesh Gurjer in Case Crime No. 378 of 2019, under Sections 147, 148, 302, 120B I.P.C., P.S.- Fatehganj Paschimi, District -Bareilly.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. Further submission is that the accused applicant is not named in the F.I.R. and his name has come in light on the basis of confessional statement made by co-accused person, except that there is no evidence against the accused applicant. Submission of the learned counsel is that as per F.I.R. version the informant recognize 3 accused persons and two were not named in the F.I.R. in which one person is accused applicant, about which it has been stated in the F.I.R. that informant will recognize him. The submission of the learned counsel is that no identification parade has been conducted by the police. With regards to criminal history the learned counsel for the appliant has submitted that there were three cases against him and in all those three cases he has already been released on bail. It is further submitted that charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds and therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 20.01.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that the accused applicant has been implicated in the case on the basis of confessional statement and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Dinesh Gurjer be released on bail in Case Crime No. 378 of 2019, under Sections 147, 148, 302, 120B I.P.C., P.S.- Fatehganj Paschimi, District -Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 Bhanu