Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19400 of 2018 Applicant :- Dinesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dushyant Singh,Kumar Beenu Singh,M C Singh Counsel for Opposite Party :- G.A.,Anand Vikram Singh,Yadvesh Yadav
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard Sri M C Singh, learned counsel for the applicant and learned A.G.A. for the State and Sri Anand Vikram Singh, learned counsel appearing on behalf of informant and perused the record.
It has been submitted that there is no specific role has been assigned in the FIR and general allegations have been made against all the accuseds persons including the applicant. It is clear whether the death of the deceased took place from the bullet fired by the applicant or the other accuseds. In the statement of the witnesses recorded by the local Investigating Officer, applicant was not assigned any role. In the third statement recorded by the Crime Branch applicant has been assigned the role of firing on the deceased. It has further been submitted that the applicant is in jail since 17.07.2017 and has a criminal history of only one case under Section 325 of the Arms Act. Only two witnesses have been examined in the trial and it is not likely to be concluded in near future. The applicant is a young man aged about 25 years and is a student of B.Com.
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 Dinesh, be released on bail in Case Crime No. 784 of 2017, under Sections- 147, 148, 149, 452, 307, 302 I.P.C., Police Station- Kotwali Nagar, District- Bulandshahar, 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 :- 21.8.2019 Rohit