Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23808 of 2019 Applicant :- Shabbu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 1753 of 2017 under Section 307 of IPC, Police Station Kamalganj, District Farrukhabad with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case; that no such incident has taken place; that the matter was investigated by the police twice but the alleged incident and naming of the applicant-accused was found false; that police have submitted final report stating no such incident has taken place; that the applicant-accused has been summoned in a complaint case after the complainant has filed protest petition against the final report; that no injury has been sustained by the complainant or any other person. Learned counsel for the applicant lastly submits that the applicant is in jail since 12.4.2019 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A. as well as Sri Hanuman Prasad, learned counsel for the complainant have opposed the bail and argued that applicant and co-accused have made firing at the complainant and that the applicant-accused has criminal history. It was also argued that the police have not investigated the case in an impartial manner and have submitted final report with malafide intention to help the accused persons. It was further submitted that the x-ray report regarding injuries of the injured are also available on record but the same were not made part of the investigation.
Considering the submissions made by learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Shabbu in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
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.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 10.6.2019 Mohit Kushwaha