Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17749 of 2019 Applicant :- Kambod Singh Rajpoot Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This bail application has been filed on behalf of the applicant involved in Case Crime No.25 of 2019, under Sections 392, 411, 120-B, 419, 420, 467, 468, 471, 328, 342, 504 and 506 I.P.C, Police Station Maudaha, District Hamirpur.
Heard learned counsel for the applicant and learned AGA for the State and peruse the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. He has submitted that the applicant is not named in the F.I.R. He has further submitted that only one country made pistol of 315 bore and two alive cartridge have been recovered from the possession of the applicant. The offence is triable by the Magistrate. He has further submitted that co- accused namely Avanis alias Billu and Satendra Rajpoot @ Shiva have already been released on bail by the co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos. 14266 of 2019 and Crl. Misc. Bail Application No. 17109 of 2019, as such, the applicant is also entitled to be released on bail. The applicant has no criminal antecedents and is languishing in jail since 10.2.2019. If he is released on bail, he will never misuse his liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant has criminal antecedents of many offences of loot, gangster act, arms act and NDPS against the applicant are pending. Hence, the applicant is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant-Kambod Singh Rajpoot, involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 26.4.2019 Kamarjahan