Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19993 of 2016 Applicant :- Sandeep Opposite Party :- State Of U.P. Counsel for Applicant :- Nasiruzzaman Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Nasiruzzaman, learned counsel for the applicant and Sri Rahul Srivastava, learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 319 of 2015 u/s 147, 148, 149, 307, 302, 504, 506 IPC PS Tappal District Aligarh.
Contention of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case and that in the FIR six persons including the applicant were named and all have been assigned general role of firing. Contention is that the incident took place at 11 pm in the night, thus it is difficult to say which shot had caused injury to which person. No specific role has been assigned to any of the accused persons. Contention is that two witnesses namely Shibbu and Pramod @ Bhura have assigned the role of firing upon to the deceased to the applicant along with one other accused Jai Kumar @ Jaiky. Contention is that the deceased had received only one gunshot injury. Further contention is that applicant is in jail since 8.9.2015 with no criminal history and in case he is released on bail, he will nt misuse the said liberty. Further there is no likelihood of the trial being concluded in near future.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances and keeping in view the law as laid down by the Apex Court in the case of Data Ram vs. State of UP and others, 2018(3) SCC 22, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Sandeep involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 6.9.2018 SP