Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53754 of 2021 Applicant :- S.I, Sanjeev Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Sri Vinod Kumar Singh, Advocate has filed Vakalatnama on behalf of informant, which is taken on record.
Heard Sri Vivek Kumar Singh, learned counsel for the applicant, learned counsel for the informant, learned A.G.A. on behalf of State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.552 of 2002, under Sections 302, 342, 182, 201 I.P.C., P.S.
Sikandrabad, District Bulandshahr, during pendency of the trial.
As per F.I.R., on 03.08.2002, one U.P. State Road Transport Corporation bus was stopped and then looted by certain persons in which the conductor of the bus sustained injuries. The police party reached at the place of incident and there was exchange of fire in between the miscreants and police party. During the said firing, Pradeep, son of objector, Yashpal died. The allegation against the applicant is that he was the police personnel and deceased died in custody of police.
Learned counsel for the applicant argued that police officials including applicant have been made accused. From the perusal of F.I.R. informant has averred that he used two cartridges (kartoos) and Tota Ram and Raghuraj Singh used fire arm. The applicant was not assigned the role of firing by the informant S.H.O. Randhir Singh. He next argued that co-accused, namely, Shripal Singh, Raghuraj Singh, Satendra Singh Malik and Totaram, have been granted bail by Co-ordinate Bench of this Court vide orders dated 13.03.2019, 12.11.2018, 16.11.2018 and 25.10.2018 in Crl. Misc. Bail Application No.10742 of 2019, 42274 of 2018, 41026 of 2018 and 40304 of 2018, respectively, copy of the said orders have been annexed to the bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 20.09.2021 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. and learned counsel for informant has opposed the bail prayer of the applicant.
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 and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, S.I, Sanjeev Kumar, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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.
Order Date :- 21.12.2021 Meenu