Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28467 of 2016 Applicant :- Ram Pal @ Shiva @ Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A.,Pravesh Kumar Yadav
Hon'ble Umesh Chandra Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A., learned counsel for the first informant and perused the material brought on record.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. He is not named in FIR, his name along with three others namely Umesh Bhatnagar, Raju @ Baba @ Narendra and Guddu has come into light after nineteen days of the occurrence on the basis of information received from an informer, and out of whom Umesh Bhatnagar and Raju @ Baba @ Narendra have been granted bail. He has further submitted that eye witness account of Jitendra Singh being recorded after four months of the alleged occurrence is not credible and reliable. He has further submitted that applicant has no other criminal history to his credit and there is no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 19.9.2015 and he undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. and learned counsel for the first informant have has vehemently opposed the prayer and have submitted that applicant having active participation in the offence and firearm used in the offence being also recovered from him, he is not entitled to bail.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation made against the applicant and evidence in support thereof and without expressing any opinion on merit of the case, I find it fit and proper to enlarge applicant on bail.
Let applicant Ram Pal @ Shiva @ Arjun, be released on bail in Case Crime No.347 of 2014, under Sections 147,148,149,452,302,506 IPC, Police Station- Civil Line, District- Moradabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.4.2017/ssm