Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14270 of 2017 Applicant :- Harbir Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ankur Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant- Harbir Singh seeks bail in Case Crime No. 177 of 2017 under Sections 147, 148, 149, 307 IPC, Police Station Bhawan, District Shamli during the pendency of trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is maliciously being prosecuted in the present case. The FIR has been lodged on 17.03.2017 by Smt. Anuradha Singhal S.H.O.Police Station Thana Bhawan against the five named persons with the allegations that the applicant and other four accused persons who were armed with fire arm weapons fired upon the police party. The applicant is absolutely innocent and has been nabbed at the inkling and in connivance of sympathizer of police personnel as he could not grease their palm. It is a case of no injury. There is material inconsistency and contradiction in the prosecution version which creates doubt about its probity and verity. The applicant is not a previous convict.There is no public witness to support the prosecution case. Fake recovery has been shown from the possession of the applicant. There is no prospect of trial being concluded in near future due to heavy docket. The applicant is languishing in jail since 17.3.2017. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that there is sufficient material showing the complicity of the applicant, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Harbir Singh 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.
Order Date :- 19.4.2017 Ruchi