Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22516 of 2019 Applicant :- Lav Thakur @Lav Chauhan @ Gabbar Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyawati,Bhupendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Lav Thakur @ Lav Chauhan @ Gabbar, who is involved in Case Crime No. 1140 of 2017, under Section 307, 120-B I.P.C., P.S. Qwarsi, District Aligarh, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, which was got registered on 01.08.2017 at 16.00 P.M. for an occurrence of 7.30 A.M. of 31.07.2017 i.e. much delayed report. Co-accused Arjun Tomar was said to have given injury by firearm shot over informant's son. This was said by injured in his statement recorded under Section 161 Cr.P.C.. Accused-applicant was of no criminal antecedent till above date of occurrence. Though subsequently he has been implicated in eight cases, which have been explained in para 13 of affidavit filed in support of the bail application. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that specific role of giving injury by firearm shot is against co-accused Arjun Tomar. Accused-applicant was of no criminal antecedent till above date of occurrence. Criminal history subsequent to alleged occurrence has been duly explained.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Lav Thakur @Lav Chauhan @ Gabbar, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 NS