Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11708 of 2021 Applicant :- Guddu Alias Devdeep Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Kumar Mishra Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard Sri Satendra Kumar Mishra, learned counsel for the applicant, Sri Mayank Yadav, learned counsel for the informant and Sri Rupak Chaubey, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 125 of 2020, under Section 302 of I.P.C., P.S. Ramala, District Baghpat.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that as per the F.I.R. itself, the role of making fire upon the deceased was assigned to co-accused Sonu and the accused applicant is said to have made fire in the air, therefore, the accused applicant is totally innocent. The accused applicant has criminal history of three cases which have been explained in paragraph no. 2, 3 & 4 of the supplementary affidavit in which he is on bail except in Case Crime No. 201 of 2020, in which he will move bail application after getting bail in this case, he is in jail since 25.08.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the fact that the main role has been assigned to the co-accused Sonu and not to the accused applicant, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Guddu Alias Devdeep involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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.
The case of the accused applicant is distinguished from the case of co-accused Sonu.
Order Date :- 8.4.2021 VPS