Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25234 of 2019 Applicant :- Ranveer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Memo of appearance filed by Sri Anil Kumar Pathak, Advocate on behalf of the informant is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. Referring to the annexure nos.1 and 5, the F.I.R.s lodged in crime nos. 185 of 2019 and 184 of 2019, learned counsel submitted that there is a cross version of the present case. Firing is attributed to both sides and one person from each side has died. Accused in crime no.184 of 2019 namely, Vipin alias Bantu has been released on bail by another Bench of this Court vide order dated 13.6.2019 passed in criminal misc. bail application no.24242 of 2019. It is next contended that since one person belonging to the applicant's side was also done to death by the informant's side, therefore, applicant is also entitled to be released on bail. The applicant does not have any previous criminal history. He is languishing in jail since 11.4.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA as well as learned counsel for the informant opposed the prayer for bail and argued that applicant's side was aggressor. They caused firearm injury to the informant's side, which resulted into death of one person from informant's side. Other persons also received injuries. Applicant cannot be enlarged on bail on the ground of bail order passed in cross case.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and 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 the applicant Ranveer Singh involved in Case Crime No. 185 of 2019 under Sections 147, 148, 149, 323, 302, 307, 34, 279 I.P.C., Police Station Sirsaganj, District Firozabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.6.2019 ss