Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8887 of 2021 Applicant :- Nawab Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Jeetendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 42/2020, under Section 307 IPC & Section 3/4 of Explosive Substance Act, police station Ayana, District Auraiya with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that as per prosecution version, alleged bombs have fallen down from the roof of the house of co-accused Gopi and that the injured has not sustained any dangerous injury. It was further submitted that there was no motive on the part of the applicant to cause any harm to the injured. Even as per prosecution version, alleged country made bombs have fallen down from the roof of the house of co- accused Gopi and it is not the case of prosecution that applicant or co-accused persons have thrown the same at the injured. Learned counsel has referred statement of injured Ramkesh, who has not stated anything against the applicant. It has further been argued that there is no cogent evidence against the applicant and he was not arrested at the spot and that nothing incriminating has been recovered from the possession of applicant. Lastly it was submitted that applicant is in judicial custody since 17.02.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Nawab Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 26.10.2021 Anand