Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40932 of 2018 Applicant :- Sharad Alias Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Nath Singh,Vivek Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that in the F.I.R. general allegation of assaulting the victim with fire arms has been made against five persons including applicant. He next submitted that no specific role has been assigned to the applicant. No incriminating article or material has been recovered either from the applicant or on his pointing out. He further submitted that the injured in his statement has attributed the role of firing to co-accused Sanjay @ Sanju. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 22.5.2018. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that there is criminal history of five cases against the applicant, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submitted that he has explained the criminal history in paragraph 8 to the affidavit accompanying the bail application.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v.
State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Sharad alias Pintu be released on bail in Case Crime No. 164 of 2018, under Sections 147, 148, 149, 307, 504 and 506 I.P.C., P.S. Aliganj, district-Etah on furnishing a personal bond and two heavy sureties (one should be of his family member) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.10.2018 Faridul