Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22794 of 2019 Applicant :- Shivcharan Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that there are general allegation of firing against all the accuseds, including the applicant. It cannot be said conclusively that the applicant has made firing upon the informant. Later, accused, Bhagwan Singh, has been stated to be the main assailant who caused fire arm injury to the injured. There is no specific allegation against the applicant. The applicant has no criminal history and he is in jail since 22.08.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Shivcharan, be released on bail in Case Crime No. 1321 of 2018, under Sections- 147, 148, 149, 307 I.P.C., Police Station- Vrindawan, District- Mathura, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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 :- 30.5.2019 Rohit