Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52666 of 2019 Applicant :- Rajpal Opposite Party :- State of U.P.
Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Saurabh Yadav, learned counsel for the applicant as well as Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Rajpal with a prayer to release him on bail in Case Crime No. 342 of 2019, under Sections 147, 148, 149, 307, 452 IPC, Police Station - Sahaswan, District - Budaun, during pendency of trial.
3. Learned counsel for the applicant states that in exact similar allegations, co-accused Vijay Singh and Daya Shankar, who had been assigned role of causing firearm injury, have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 46375 of 2019 and 47874 of 2019 vide orders dated 05.11.2019 and 11.11.2019 respectively. Also, other co- accused Bharat Singh, who had been assigned the similar role as the present accused of accompanying the main accused has also been enlarged on bail in Criminal Misc. Bail Application No. 52224 of 2019 vide order dated 26.11.2019. Lastly, it has been submitted that there is no criminal history of the applicant. For the reasons contained in that order, the present applicant is also entitled for bail.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 AHA