Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8317 of 2017 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikram Singh,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant- Ravi seeks bail in Case Crime No. 329 of 2016 under Sections 41/102 Cr.P.C. & Sections 411/420 IPC, Police Station Aliganj, District Etah, during the pendency of trial.
It is submitted by the learned counsel for the applicant that the first information report was lodged against three named persons including the applicant on 18.08.2016 in respect of firing upon police personnel by the accused persons. Submission of the learned counsel for the applicant is that the applicant had earlier been implicated in two cases by the police in which he has already been enlarged on bail by the court below. The applicant was apprehended by the police on 18.08.2016 and has been connected with the present case at the inkling and connivance of local police. The applicant was not involved in the commission of offence as alleged in the FIR. There is no independent public witness to support the prosecution case. Nothing has been recovered from the possession of the applicant. The co-accused, Sameer @ Chiku @ Rashid and Jitendra @ Jeetu, have already been enlarged on bail by another Bench of this Court vide order dated 22.02.2017. The applicant is not a previous convict. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is languishing in jail since 18.08.2016 deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is habitual offender who is involved in the commission of firing upon the police. The innocence of the applicant cannot be adjudged at pre trial stage hence he does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Ravi 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 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 :- 19.4.2017 Siddhant