Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17600 of 2019 Applicant :- Sandeep Upadhyay Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Misra,Sri Viresh Misra, Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Amit Mishra, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Sandeep Upadhyay with a prayer to enlarge him on bail in Case Crime No.41 of 2019, under Sections 307, 352, 504, 506 I.P.C., Police Station Ramkola, District Kushinagar.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that earlier an FIR was lodged by father of applicant for the incident dated 12.02.2019 at 15.40 hours. Subsequently, for the same incident an FIR was lodged by Vinay Kumar Singh (informant) against the applicant and three others. In the statement of the injured Ranvir, specific role of causing injury has been assigned to the applicant, but as per the injury report, all the body parts are normal and no serious injury has been caused. It has further been contended by learned counsel for the applicant that it is the accused persons who had entered into the house of the applicant and in self defence step of causing injury to the informant's side has been taken. It is argued that the present FIR is subsequent to the FIR lodged by father of the applicant. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 21.02.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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.
Order Date :- 30.4.2019 Anand Sri./-