Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7710 of 2018 Applicant :- Rakshpal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged on 5.11.2017 against Rakshpal Singh and Mahendra alleging that 27.9.2017 at 12:30 (night) they entered into the house of complainant Mamta and shot fire with illegal firearms. She received pellet injuries simple in nature.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 14.12.2017(more than one month) having no previous criminal history; he has been falsely implicated in the present case; there was no independent witness; incident is of night and no source of light is disclosed; injuries received are not dangerous to life; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Considering the submission of 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Rakshpal Singh involved in Case Crime No.513 of 2017, under Section 452, 307 IPC, Police Station Kadar Chowk, District Budaun 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 following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018 P.P.