Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17778 of 2019 Applicant :- Gyan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Kartikey Singh, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Gyan Singh with a prayer to enlarge him on bail in Case Crime No.631 of 2018, under Sections 147, 148, 149, 307, 323, 325, 352, 336, 504, 506, 427 I.P.C., Police Station Chhata, District Mathura.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that with respect to the same incident the FIRs have been lodged from both the sides in which both sides have received injuries. From the side of applicant, two persons have suffered fire arm injures, whereas from the side of first informant, four persons have suffered injures. It is argued that who was the aggressor cannot be determined at this stage. It is next argued that co-accused Sukhvir and Devo, Rahul and Sikandar, Munna, Rajendra and Anil, having identical role, have been granted bail by this Court vide orders dated 31.01.2019, 27.03.2019, 09.04.2019, 01.04.2019 and 08.04.2019 passed in Crl. Misc. Bail Application Nos.4428, 11944, 14294, 13364 and 14288 of 2019. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 27.03.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local 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 :- 29.4.2019 Anand Sri./-