Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48959 of 2018 Applicant :- Hakim Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Hakim Singh seeks bail in Case Crime No. 511 of 2018, under Sections 307, 411, 414 IPC and 15 Dacoity Affected Area Act, P.S. Kheragarh, District- Agra.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that on 14.11.2018 the applicant is shown to have been arrested by the police and from his possession Rs. 13000/- and a 315 bore country made pistol is shown to have been recovered. Learned counsel for the applicant has next submitted that the applicant is said to have been arrested alongwith four persons and it is alleged that the accused persons have opened fire upon the police personnel but nobody has received any injury. Learned counsel for the applicant has next submitted that after making the arrest, the applicant is said to have been involved in three other cases registered vide Case Crime No. 737 of 2018, under Sections 392, 411 IPC, Case Crime No. 660 of 2018, under Sections 392, 411 IPC, Case Crime No. 507 of 2018, under Sections 394, 411 IPC and 3/25 Arms Act lodged on 7.10.2018, 10.9.2018 and 7.11.2018 respectively. Learned counsel for the applicant has next submitted that the police after making recovery of Rs. 13000/-, has falsely alleged that the said amount is part of the looted money of case registered vide Case Crime No. 737 of 2018. Learned counsel for the applicant has further submitted that the applicant has no concern whatsoever with the aforesaid cases, moreover, there is no proper identification by the complainant of the aforesaid cases and as such his involvement in the aforesaid cases cannot be clinchingly established. Learned counsel for the applicant has next submitted that in Case Crime No. 507 of 2018, the applicant has already been granted bail in Criminal Misc. Bail Application No. 48800 of 2018 vide order dated 19.1.2018. Lastly, it is submitted that applicant is in jail since 15.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no previous criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that in any of the case in which the applicant is alleged to be involved, proper identification has not been done by the complainant.
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 applicant Hakim Singh 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 :- 21.12.2018 KU