Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4118 of 2019 Applicant :- Kalyan Opposite Party :- State Of U.P.
Counsel for Applicant :- Kripa Shanker Yadav,Manish Dev Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Kalyan seeking bail in Case Crime No. 604 of 2018, under Sections 504, 302 IPC, Police Station Behjoi, District Bheem Nagar (Sambhal).
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 according to the prosecution own case, first informant in his FIR has alleged that the applicant along with three others, present at the scene of the incident, had opened fire upon them, however, they did not receive any injury. The shot, fired by co-accused Santosh, hit the victim Maya Devi, due to which, she suffered injury on the left side of the chest upper part near axilla. Even in the statement of the first informant under Section 161 CrPC, he has assigned the role of firing to the co-accused Santosh, which hit the victim Maya Devi, due to which, she succumbed to her injury.
Learned counsel for the applicant has next submitted that the applicant is in jail since 08.10.2018 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 has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 08.10.2018.
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 Kalyan 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 :- 29.1.2019 /Nadim