Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52695 of 2019 Applicant :- Shailendra Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The FIR of the alleged incident has been lodged against 4 named persons including the applicant and one unknown person making general allegation for committing murder of the deceased. In the statement of witness Ravindra Singh it has come that some dispute has taken place in between Anuj and Kailash with regard to money. When co-accused Anuj was snatching the gun from the deceased Kailash suddenly the gun went off and Kailash sustained a gun shot injury. It is said that the applicant was also standing at some distance. The applicant has no concern with the alleged incident. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Anuj has already been released on bail by another bench of this court vide order dated 6.11.2019 in Criminal Misc. Bail Application No. 46608 of 2019, therefore, the applicant is also entitled for bail. The applicant has no criminal history and is in jail since 22.8.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shailendra involved in Case Crime No. 113 of 2019, under section 304 IPC, P.S. Ecotech, District Gautam Budh Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 Masarrat