Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55369 of 2019 Applicant :- Lavlesh Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.,Ram Bahadur Singh
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit and counter affidavit filed today is taken on record.
2. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant; Sri Ram Bahadur Singh, learned counsel for the informant as well as Sri Manoj Kumar Dwivedi, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Lavlesh with a prayer to release him on bail in Case Crime No. -103 of 2017, Complaint No.99 of 2019, under Sections -147, 148, 149, 307, 427 & 506 I.P.C., Police Station -Khakhareru, District -Fatehpur, during pendency of trial.
4. At the outset, it has been stated that Manoj, who has been assigned the role of causing firearm injury has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.46459 of 2019 vide order dated 13.11.2019. In that regard, it has been submitted that there is no bony injury as per the X-ray report. Thus, it has been submitted that there was no life threatening injury suffered by the victim, and therefore, offence under Section 307 IPC may never be made out. Also, it has been submitted that the exact role of the applicant has not been ascribed, inasmuch as, general allegation of firearm has been assigned to three accused persons. Then, it has been submitted that there is a history of litigation between the parties wherein the informant had earlier lodged an FIR wherein final report has been submitted and criminal complaint of false allegation is pending.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two heavy sureties 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
8. It is made clear that, in the event of violation of any terms and conditions of the bail order or in the event of any attempt being made by the applicant to intimidate the witness or to tamper the evidence, the informant shall be at liberty to file a bail cancellation application supported by the relevant material. That application if filed, may be taken up on priority.
Order Date :- 18.12.2019 S.Chaurasia