Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40386 of 2019 Applicant :- Malkhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Kapil Kumar,Sandhya Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant was enlarged on bail by the Court below on 06.08.2019 for the offence under Sections 394, 411 I.P.C. Now the applicant has been implicated for the offence under Section 308, 325 I.P.C also on the basis of injury report of the injured. It has been submitted that the applicant was not named in the first information report. Subsequently, recovery of the country made pistol has been made from co-accused Bablu. The injury found on the head of the injured is alleged to have been caused by the butt of the pistol. Since recovery of the pistol has been made from the co- accused, Babluthe applicant cannot be implicated for the injury caused to the injured. He is in jail since 19.06.2019 and may be enlarged on bail in the added sections 308, 325 I.P.C.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India 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 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Malkhan involved in Case Crime No.131 of 2019, under Sections 308, 325 IPC, Police Station Naraura, District- Bulandshahr be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 27.9.2019 SS