Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11155 of 2018 Applicant :- Satyendra @ Chhotu And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Satyndra @ Chotu, Lalu @ Vipin, Neetu Yadav @ Ajay, Sheelu @ Shailendra, Keshavdev Ahwasi, Prem Chandra Pandit, Lalu @ Pradeep, Pritam and Nandan Pandey and one unknown person alleging that they shot fire with country made pistol on Police personnel but they saved himself subsequently the Police has arrested the accused and recovered some illegal firearm and cartridges.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case; this is Police firing case but no injury was found on the body of any of the Police personnel; there is no independent witness against the applicants; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are in jail since 16.11.2017 ( more than four months) having no criminal history. Co-accused namely Prem Chandra Pandit has been granted bail by this Court on 9.1.2018 vide Criminal Misc. Bail Application No. 794 of 2018; since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail.
Learned A.G.A. opposed the prayer for bail and admitted that applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicants Satyendra @ Chhotu and Laloo @ Vipin involved in the Case Crime No. 366 of 2017, under Sections 147, 148, 149, 307, 412, 413, 414 I.P.C., P.S. Eka, District Firozabad 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:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.3.2018 A. Singh