Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16682 of 2019 Applicant :- Shlok Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Yash Tandon,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A., ,R.K.Paramhans Singh,Sanjay Kumar Yadav
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Yash Tandon, learned counsel for the applicant, Sri R.K.Paramhans, learned counsel for the informant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Shlok Yadav with a prayer to release him on bail in Case Crime No. 232 of 2018, under Sections 307, 506 IPC, Police Station- Devgaon, District- Azamgarh, during pendency of trial.
As per the allegation made in the FIR the informant Anand Kumar Singh along with his relative had gone to the house of applicant to collect money which was due, but on demanding money from the applicant some dispute arose between them and applicant threatened the informant for his life, so he went away to his relative's house and after having dinner when he was returning on his bullet, the applicant and one unknown person fired a shot on informant due to which he sustained injuries on his right arm. In the statement of injured version of FIR is reiterated. The injury is on non vital part. The applicant is languishing in jail since 14.02.2019 and applicant is absconding since last four months. The applicant has no criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a man of criminal intend and is not entitled for bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties of the like amount (out of which one should a family member) to the satisfaction of the court concerned on the subject to the following conditions :-
(i) The applicant shall not tamper with the prosecution evidence;
(ii) The applicant shall not pressurize the prosecution witnesses;
(iii) The applicant shall personally appear on the dates fixed by the trial court.
(iv) The applicant shall personally appear once in the first week of every month in the concerned Police Station for a period of two years. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
In case of default of compliance with condition no.(iii) enumerated above, the order granting bail shall stand cancelled automatically and the court concerned shall issue non bailable warrant in order to get the applicant arrested and lodge him in jail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned who is required to convey this order to the concerned police station to ensure compliance of condition no.iv as provided herein before.
The concerned court below which will accept the bail bonds is also directed to convey a photo copy of this order to the concerned police station so that the condition no. iv provided herein before may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.4.2019 Ujjawal