Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18748 of 2018 Applicant :- Ghamandi Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The present bail application has been filed for enlarging the applicant on bail in case Crime No. 323 of 2015, under Section 307 I.P.C., PS-Fatehpur, District-Agra.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in this matter. It is next contended this is a police firing case and no one has received injury in the aforesaid incident, therefore, no offence under Section 307 I.P.C. is made out. It is next contended that recovery a country-made-pistol shown from the possession of the applicant is false and planted by police. It is lastly submitted that the applicant is in jail since 05.09.2015 and except the present case applicant has criminal history of seven cases and the same have been explained in para-5 to the affidavit accompanying the bail application.
Per contra, learned AGA opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail.
Let the applicant Ghamandi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each 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 :- 24.8.2018 AKT