Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3264 of 2019 Applicant :- Sharik Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Sharik seeks bail in Case Crime No. 1688 of 2017, under Sections 307, 506 IPC, P.S. Kotwali Nagar, District- Bulandshahr.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant is not named in the first information report and his name has surfaced for the first time in the statement of the victim- Naved, in which it is alleged that he accompanied co-accused Shahid and Suhail, who are said to have opened fire upon the victim causing injuries to him.Learned counsel for the applicant has next submitted that co-accused Shahid has already been granted bail by this Court in Criminal Misc. Bail Application No. 17802 of 2018 vide order dated 28.9.2018. Lastly, it is submitted that applicant is in jail since 30.5.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that co-accused has already been granted bail by this Court and that the applicant is in jail since 28.9.2018 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Sharik be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.2.2019 KU