Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41206 of 2018 Applicant :- Ganga Shyam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Singh,Vijay Singh Gour Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned counsel Sri Deepak Dubey has filed his vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State, Sri Depak Dubey, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Ganga Shyam seeking bail in Case Crime No. 976 of 2018, under Sections 307, 325, 120-B IPC, Police Station Vrindavan, District Mathura.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR and during the course of investigation, statement of injured Munish Sharma has been recorded, however, in the said statement also the name of the applicant has not been disclosed and subsequently on the basis of information given by the informer, applicant's name has surfaced.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive.
He has further submitted that the applicant is in jail since 31.08.2018 and in case, the applicant is released on bail, he 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 applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA and Sri Depak Dubey, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant that neither the applicant has not named in the FIR nor in the statement of victim, his name has been surfaced.
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 the applicant Ganga Shyam 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 :- 29.10.2018 Nadim