Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29611 of 2019 Applicant :- Krishna @ Krishna Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Digvijay Tiwari, Advocate, has filed his Vakalatnama on behalf of informant, which is taken on record.
Heard Sri Narendra Singh Chahar, learned counsel for the applicant, Sri Digvijay Tiwari, learned counsel for the informant, Sri Sheetal Prasad Chakravorty, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Krishna @ Krishna Kumar with a prayer to enlarge him on bail in Case Crime No.651 of 2018, under Sections 307, 120-B I.P.C., Police Station Yamunapar, District Mathura.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per allegation in the FIR on 19.11.2018 at about 5.30 p.m. while the informant's partner Mahesh Chandra Agrawal after closing his shop was going to his house on scooter, at about 6 p.m. near Gosana Tila three persons on black colour Pulsor motorcycle came near him on which Ramesh Chandra was sitting in middle and behind him the applicant was sitting and an unknown person was driving the motorcycle. Ramesh and Krishna fired upon Mahesh Chandra, due to which the injured sustained one fire arm injury on his chest. As per injury report, there is superficial wound of size about 1 x 3 c.m. in right lower part of the chest wall at posterior axillary line 8 c.m. below and lateral to right nipple with no active bleeding with blackening and tattooing present. Since there is only one injury and two persons for causing the injury have been named by the injured and it is not specified as to who is the author of the said injuries caused to him. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 26.05.2019. Accordingly, he requests for bail.
Learned counsel for the informant as well as learned counsel for the State vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for 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, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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 :- 25.7.2019 Anand Sri./-