Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14526 of 2019 Applicant :- Sanjay Gurjar Opposite Party :- State Of U.P.
Counsel for Applicant :- Avadh Pratap Singh Shishodia Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jitendra Pratap Singh holding brief of Sri Avadh Pratap Singh Shishodia, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Sanjay Gurjar in Case Crime No. 379 of 2016, under Sections 302, 394 I.P.C., Police Station- Loni Border, District- Ghaziabad with the prayer to enlarge him on bail.
This is the second bail application on behalf of the applicant. The first bail was rejected by this Court on 21.5.2018 on the ground that, though, the applicant was not named in the first information report, however, during investigation statement of an eye-witness, Charan Singh was recorded after a week of the incident in which main role of firing was assigned to the applicant. Learned counsel for the applicant states that the sole eye-witness was introduced by the prosecution and has been examined as PW-3 in the trial in which he has stated that the applicant was not amongst of those accused and even he did not recognize him, therefore, he has been declared hostile by the prosecution. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 28.6.2016, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that there is no fresh ground for bail to the applicant and the weapon allegedly used in the crime has also been recovered from his possession, however, he candidly admitted that the said weapon could not be connected with the case and the sole eye-witness, Charan Singh has been declared hostile by the prosecution.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Sanjay Gurjar 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.5.2019 Vikas