Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7664 of 2018 Applicant :- Rakesh Prajapati Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 636 of 2017 under Section 302/34, 120-B and 506 I.P.C., P.S. Katghar, District Moradabad.
According to the F.I.R., the prosecution case is that the husband of the first informant, Dev Raj Singh, was fired upon by Sanjeev, Kundan and Rahul with an intention to kill who had ambushed upon him and these fires hit him on his head and waist.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; name of the present accused had appeared in confessional statement of co-accused Mohit Chaudhary; he had 5 criminal cases pending out of which in three of them, he has been acquitted and in remaining cases, the bail is yet to be moved by him; the accused applicant is in jail since 26.12.2017; if released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail and states that he has criminal history, hence the bail should be refused.
Looking to the fact that the accused has explained above the criminal history and there is no incriminating evidence against him except the confessional statement of co-accused, quantum of the punishment, nature of the offence and the period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Rakesh Prajapati involved in 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 A. Mandhani