Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17786 of 2019 Applicant :- Shibbu @ Kuldeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Shibbu @ Kuldeep, who is involved in Case Crime No. 636 of 2016, under Section 386 I.P.C., P.S. Baghpat, District Baghpat, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number, which was registered against unknown person with this contention that someone has thrown a letter stating therein that he is man of Sachin Nanda Bali and Rs.20,00,000/- be arranged within five days otherwise his grand son will be killed; this letter was with no signature of anyone nor it was established to be written by accused-applicant; his involvement has been fixed on the basis of alleged confession made by accused-applicant while apprehended in another case under Section 3/25 Arms Act; other co-accused have been enlarged on bail over same footing, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that present accused-applicant is with long criminal history whereas person who has been granted bail was with no criminal antecedents, hence his bail be rejected.
Perusal of first information report reveals that neither informant was put under threat nor anyone was present before him rather a letter was said to be thrown in the shop with above contention, but who gave that letter or who was behind this was not there in this letter, whereas when accused-applicant was apprehended, it was said that he made confession along with other co-accused for doing this act and co-accused have been enlarged on bail. The criminal history of present accused-applicant has been duly explained.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Shibbu @ Kuldeep, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.4.2019 NS