Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3217 of 2019 Applicant :- Foran Alias Chhutta And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Foran Alias Chhutta and Ram Bresh seeking bail in Case Crime No. 341 of 2018, under Sections 307, 504, 506 IPC, Police Station Kotwali Dehat, District Etah.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that according to the prosecution own case, general role of assault has been assigned to as many as four persons, due to which, Sukhbir and Shyam Sundar have suffered injuries on their persons. As per the X-Ray report of Sukhbir, he has not suffered any fracture injury, however, X-Ray report of Shyam Sundar shows one rounded radio opaque metallic foreign body in mid part of his chest but no fracture is seen.
Learned counsel for the applicants has next drawn the attention of the Court towards the statement of the victim Sukhbir recorded under Section 161, in which, he has stated that the applicant no.1 Foran alias Chhutta fired a shot from 40 meters away, due to which, Shyam Sundar and he suffered stray pellet injury, however, no internal damage has been caused.
Learned counsel for the applicants has next submitted that the police report has already been submitted in the present case and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 13.11.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants have no criminal history to their credit and they are in jail since 13.11.2018.
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 applicants have made out a case for bail.
Let the applicants Foran Alias Chhutta and Ram Bresh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two heavy sureties (one surety shall be family member of the applicant) of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 28.2.2019 Nadim