Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2712 of 2021 Applicant :- Shiv Kumar @ Sampat Opposite Party :- State of U.P.
Counsel for Applicant :- Gauri Shanker Mishra,Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavits filed today are taken on record.
This is the second bail application. First bail application was rejected by Hon'ble Aniruddha Singh,J. vide order dated 08.08.2019.
Heard Shri S.K. Mishra, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that after rejection of the first bail application, two prosecution witnesses were examined. Out of them PW-1 Moti who claimed himself to be the eye account witness has not supported the prosecution case. At this juncture, learned counsel for the applicant referred to the statement of the PW-1 Moti annexed with the application and further argued that none other has seen the present incident. The applicant has no criminal history. He is languishing in jail since 04.08.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that except the examination of the prosecution witnesses, no new ground has arisen for allowing the second bail application.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The second bail application is allowed.
Let the applicant Shiv Kumar @ Sampat involved in Case Crime No. 287 of 2017 (S.T. No. 296 of 2017), under Sections 147, 148, 149, 302, 120-B IPC, P.S. Patiyali, District - Kasganj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 Sanjeet