Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23126 of 2019 Applicant :- Sandeep Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Azad Khan, learned counsel for the applicant, Sri I.P. Srivastava, 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 Verma with a prayer to enlarge him on bail in Case Crime No.583 of 2017, under Section 306 I.P.C., Police Station Maudaha, District Hamirpur.
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 the FIR has been lodged on 06.11.2017 against the applicant and two others alleging therein that on 06.11.2017 at about 2.15 p.m. when the informant was in his house then the brother of the informant went to ease himself towards Roadways Bus Stand. He was followed by the informant then near Badeli Nala, applicant and his sister were already present, then co-accused Jitendra fired on the brother of informant which hit on his chest, due to which he succumbed to his injuries. It is argued that co-accused Jitendra who shot at deceased, has already been granted bail by the court below. There is nothing on record to show that the applicant had instigated the co-accused Jitendra in any way to commit the offence. The case of the applicant is on better footing to that of co-accused Jitendra. 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 19.04.2019. 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 :- 7.6.2019 Anand Sri./-