Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 868 of 2019 Applicant :- Hanuman Singh @ Sushil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ranjeet Singh,Ram Raksha Tiwari Counsel for Opposite Party :- G.A.,Indra Kumar Chaturvedi
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in Court, is taken on record.
Counter affidavit, filed by learned counsel for the first informant today in Court, is also taken on record.
Rejoinder Affidavit, filed by learned counsel for the applicant today in Court, is also taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as Sri I.K. Chaturvedi, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Hanuman Singh @ Sushil seeking bail in Case Crime No. 206 of 2018, under Sections 307, 504 IPC, Police Station Kotwali Baberu, District Banda.
Learned counsel for the applicant has submitted that the 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 as many as three persons are said to have opened fire upon the victim Satyam, due to which, he has sustained single gun shot injury on his person. Out of the three accused persons, who is the author of the injury, has not been specified. The victim has already been discharged from the hospital on 22.10.2018 and now, he is hale and hearty.
Learned counsel for the applicant has next submitted that the criminal history of the applicant has been explained in para 3 of the supplementary affidavit and that the applicant is in jail since 04.10.2018 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. 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 for the State as well as Sri I.K. Chaturvedi, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 04.10.2018.
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 Hanuman Singh @ Sushil be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties (one surety shall be family member of the applicant) 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.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 25.2.2019 Nadim