Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11113 of 2018 Applicant :- Shivraj Singh Rajpoot Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 521 of 2017 under Sections 5/25 Arms Act, P.S. Basrehar, District Etawah.
According to the F.I.R., one country made pistol of 315 bore and five unfinished country made pistol of 315 and the instruments which were being used for manufacturing the country made pistol were recovered from the house of the accused; the accused had fled away from the house and he has surrendered subsequently.
Learned counsel for the applicant states that he has been falsely implicated; he has criminal history of just one case of Excise Act in which he has been granted bail; the accused applicant is in jail since 20.01.2018; if the accused applicant is released on bail, he would not misuse the liberty.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
In view of the above arguments, 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 Shivraj Singh Rajpoot 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 :- 27.3.2018 A. Mandhani