Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46513 of 2017 Applicant :- Pradeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case by the complainant as well as injured due to the enmity of the Gram Panchayat election. Learned counsel for the applicant submitted that applicant has not been assigned the role of firing to the victim. The applicant has no criminal history. Learned counsel for the applicant further submitted that some unknown persons has been fired upon the injured Smt. Chandra Kala who is elected Pradhan and due to the enmity as well as Parti Bandi has lodged the FIR against the applicant and his entire family.
Learned counsel for the applicant submitted that as per prosecution story main role has been assigned to the co-accused Nikhil who gave fire injury to the injured and is already enlarged on bail vide order dated 19.8.2016 passed by another Bench of this Court in Criminal Misc. Bail Application No. 24867 of 2016.
Learned counsel for the applicant submitted that the applicant is in custody since 13.10.2017 . Learned counsel for the applicant submitted that in case applicant be released on bail, he will not misuse the concession of bail.
On the other hand, learned A.G.A opposed the prayer for bail.
Considering the submissions of the 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Pradeep son of Aabheram @ Abheram involved in Case Crime No. 90 of 2016 , under Section 307 IPC, P.S. Titavi , District Muzaffar 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 the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
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 default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 29.11.2017 Ravi Prakash