Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12893 of 2019 Applicant :- Sheru @ Ali Hasan Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dinesh Kumar Singh, learned counsel for the applicant and Sri G.P. Singh, learned brief holder for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 02 of 2019 under Sections 279, 337, 338, 304 and 427 I.P.C., P.S. Eliya, District Chandauli.
It has been argued on behalf of the learned counsel for the accused applicant that the accused applicant has been falsely implicated in this case; as per F.I.R., occurrence took place on 01.01.2019 at 5:30 a.m. when a mini truck breaking the house crushed six persons of the family of the informant due to which they died. It is further argued by the learned counsel for the applicant that the mini truck did not have any registration number; 18 days after the occurrence, the statement of first informant was recorded by the I.O. in which he has taken name of the accused applicant who was seen by him running away from the vehicle after the occurrence had happened; accused has criminal history of 12 cases and in all of them, he has been granted bail which has been admitted by the learned A.G.A. in para 12 of the counter-affidavit; the accused applicant is in jail since 8.01.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sheru @ Ali Hasan involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 A. Mandhani