Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41000 of 2017 Applicant :- Shaukeen Alias Babu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.,Ram Raj Pandey
Hon'ble Aniruddha Singh,J.
Supplementary affidavit has been filed today is taken on record.
Heard Sri Pankaj Kumar Tyagi, learned counsel for the applicant, Sri Ram Raj Pandey, learned counsel for the complainant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against accused Shabu and one unknown persons alleging that on 09.06.2017 due to some money dispute for purchase of land they assaulted the injured Gulbahar by firearm and by pouring red chilly powder in his eyes and he has received injury.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; according to the opinion of doctor on 08.08.2017 he has stated that injuries received by the injured are simple in nature; the injury no.1 is incised wound and injury no.2 is lacerated wound; hence it is doubtful that injuries were caused by firearm; the incident took place at the spur of moment; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 16.06.2017(more than nine months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Shaukeen Alias Babu involved in the Case Crime No. 192 of 2017, under Sections 307, 504, 120B I.P.C., P.S. Khekada, District Baghpat be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018 A. Tripathi