Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2999 of 2018 Applicant :- Narendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Anshul Tiwari,A/L0060 Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter and rejoinder affidavits filed today are taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Narendra and Smt. Babita alleging that on 17.6.2017 Smt. Babita brought illegal pistol and handed over to her husband Narendra and Narendra shot fire indiscriminately at Satveer Bhati and Manveer Bhati with that pistol. Satveer Bhati received injuries on his hip, thumb & little finger and Manveer received one firearm injury on his ankle joint.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 27.6.2017(nine months) having no criminal history; incident took place on the spur of moment due to dispute on making speed breaker in front of house of the accused. no previous planning was made; injuries are not on vital part; there is no possibility to get the case decided in near future; there was no independent witness; Offence under Section 307 IPC is not made out; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 applicant Narendra involved in Case Crime No.339 of 2017, under Section 307, 506, 34 IPC, Police Station Dadari, District Gautambudh Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 P.P.