Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22343 of 2018 Applicant :- Kalyan Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This is a third bail application.
Heard Sri Sharda Prasad Mishra and Sri Zafar Abbas, learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant is alleged to have fired on the right thigh of the injured. There was no intention to cause murder of the injured. He died due to negligence in treatment on the part of the Doctor. The applicant is in jail since 24.01.2013 and he has no criminal history to his credit. Vide order dated 15.2.2016 trial court was directed to conclude the trial within a period of two months from the date of production of certified copy of this order. As yet only PW 1 and PW 2 have been examined. Trial is still pending.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Kalyan, involved in S.T No. 410 of 2013, arising out of Case Crime No.10 of 2013, under Sections 302 IPC, Police Station Hayat Nagar, District- Sambhal 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.9.2019 SS