Heard learned counsel for the applicant, learned A.G.A and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.429 of 2017 under Sections 307/506/147/148/120B I.P.C, Police Station Cantt, District Faizabad, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having previous criminal history and in jail since 02.07.2018. It is further submitted on behalf of applicant that he is not named in the F.I.R. lodged by the complainant as Case Crime No. 429 of 2017, under Section 307/506 I.P.C., PS Cantt, District Faizabad and he further submitted that his name came into light on the statement of co-accused namely Sanjay Singh. He has further submitted that the other co-accused namely Vinod Singh, Ran Vijay Singh and Shivendra Singh have already been granted bail by this Court, in bail application No. 5129 of 2018, 4432 of 2018 and 6547 of 2018, vide order dated 08.05.2019, 15.06.2018 and 08.08.2018 respectively and he further submitted that the alleged injury is shown in the non vital part of the body and he further submitted that the other co-accused Vinod Singh and Shivendra Singh were also having criminal history but they have been granted bail. Therefore, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Praveen Dwivedi @ Raja be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 28.8.2019 S. Shivhare