Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23687 of 2019 Applicant :- Shailendra Singh Opposite Party :- State Of Up Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
By means of this application the applicant Shailendra Singh has prayed to release him on bail in Case Crime No.79 of 2019, u/s 147, 323, 504, 352, 308 I.P.C., P.S. Tirwa, District Kannauj.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, which was got registered on 12.02.2019 at 14:19 PM for a occurrence of 7.2.2019 at 10:00 PM whereas for the same occurrence a report as Case Crime No.74 of 2019 was got registered against family members of informant 18 in number, upon report of Dr. Neeraj Verma for the offences punishable under Section 147, 148, 149, 353, 332, 333, 336, 427 I.P.C.
read with Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Section 3 of Medicare Services and Medicare Services and Institute Act. This subsequent F.I.R. was with ulterior motive for getting rid of previously instituted report.Co-accused Jabar Singh @ Amit has been enlarged on bail vide order dated 14.05.2019 passed in Criminal Misc. Bail Application No.12785 of 2019, copy of order is on record. Applicant has no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Having heard learned counsel for both the sides and gone through the material available on record, it is apparent that for one and common occurrence a previous case crime no. 74 of 2019 which was got registered upon the report of Dr. Neeraj Verma against the family members of present informant and this subsequent report after considerable delay for the same occurrence was got registered. Both sides have sustained injuries. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Shailendra Singh, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 Radhika