Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7979 of 2019 Applicant :- Jai Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Jitendra Kumar Tripathi, Advocate has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State as well as Sri Jitendra Kumar Tripathi, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Jai Prakash seeking bail in Case Crime No. 1362 of 2018, under Sections 307, 323, 506, 120B IPC, Police Station Tajganj, District Agra.
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 per the allegations made in the FIR, two unknown persons are said to have opened fire upon the victim Sundari Devi, due to which, she suffered injuries on her person.
Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim recorded under Section 161 CrPC, in which, only role assigned to the applicant is that of hatching conspiracy, however, there is no evidence to substantiate the said allegations.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 15.12.2018 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 Jitendra Kumar Tripathi, 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 has no criminal history to his credit and he is in jail since 15.12.2018.
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 Jai Prakash 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 :- 25.2.2019 Nadim