Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2898 of 2019 Applicant :- Salman Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Ullah,Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Vakalatnama filed by Shri Dinesh Mishra on behalf of the informant is taken on record.
Heard learned counsel for applicant, learned counsel for the informant and learned AGA for the State and perused the record.
This bail application has been filed by the applicant Salman seeking bail in Case Crime No. 502 of 2018, under Sections 504, 506, 307 IPC and 7 Criminal Law Amendment Act P.S. Manjahnpur, District Kaushambi.
Learned counsel for the applicant has submitted that in the F.I.R. the applicant is said to have opened fire upon the victim Sarif due to which he suffered injury on his right ankle. However, in the statement of the victim Sarif it has been stated that the said injury on his ankle has been caused by co-accused, Mohammad Mehadi and the applicant has not caused any injury to the two victims.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 05.12.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA as well as learned counsel for the informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Salman be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 22.1.2019 R