Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17599
of 2019
Applicant :- Jakir
Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.
Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Jakir with a prayer to release him on bail in Case Crime No. 444 of 2018, under Sections 307, 414 I.P.C., Police Station- Shahpur, District- Muzaffar Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant was arrested in a police firing case due to which one police personnel has sustained injuries but in the injury report, the doctor has opined that the injuries are caused by hard and blunt object and no injury was caused by the country made pistol. The recovery of one .315 bore country made pistol and two cartridges have been recovered from the possession of the applicant. It is next submitted that the recovery is false and planted. The applicant is languishing in jail since 08.10.2018. The applicant has criminal history of 37 cases, which have been explained in para no. 12 of the affidavit accompanying with the bail application as well as all the orders regarding the criminal cases as mentioned in para no. 12 of the affidavit has been annexed with the supplementary affidavit in support of bail application. 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 A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of 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 and without expressing any opinion on the merits of the case, let the applicant involved in the 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 on the subject to the following conditions :-
(i) The applicant shall not tamper with the prosecution evidence;
(ii) The applicant shall not pressurize the prosecution witnesses;
(iii) The applicant shall personally appear on the dates fixed by the trial court.
(iv) The applicant shall personally appear once in the first week of every month in the concerned Police Station for a period of two years. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
In case of default of compliance with condition no.(iii) enumerated above, the order granting bail shall stand cancelled automatically and the court concerned shall issue non bailable warrant in order to get the applicant arrested and lodge him in jail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.iv as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. iv provided herein before may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 29.4.2019/JK Yadav