Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17540 of 2019 Applicant :- Rajbahadur Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratap Kanchan Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pratap Kanchan Singh, learned counsel for the applicant, Sri Madnesh Prasad Singh, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Rajbahadur with a prayer to enlarge him on bail in Case Crime No.24 of 2004, under Sections 147, 148, 149, 307 I.P.C. and 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Bisanda, District Banda.
It is argued by learned counsel for the applicant that the as per allegations in the FIR, while the police personnels were on search of the accused in Case Crime No.23 of 2004, the accused persons were seen in front of the house of one Raghunandan Yadav and on confronting with the police in order to save themselves they started firing on the police personnels and the police also fired on the accused persons. No-one has received any injury in the alleged incident. It is argued that criminal history of the applicant is explained in para nos.9, 10 and 11 of the affidavit filed in support of the bail application. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 18.02.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties 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, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 25.4.2019 Anand Sri./-