Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32621 of 2019 Applicant :- Shree Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Nigam Counsel for Opposite Party :- G.A.,Om Narayan Pandey
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today by private opposite party is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Manas Bhargava, learned brief holder for the State and perused the record.
It is submitted by learned counsel for the applicant that F.I.R. was lodged against eight accused person including the applicant. After investigation by Investigating Officer, final report/closer report was submitted against the applicant. Later on, vide order dated 6.12.2006 accused Shree Pal (applicant) was summoned for the offence under Sections 148, 302/149 IPC. The applicant is innocent and has been falsely implicated in the present case. There is general allegation against the applicant. There is no independent witness and no legal evidence against the applicant. Applicant was summoned without giving opportunity of hearing as well as cross-examination of witnesses. Offences levelled against the applicant are not attracted in the present case. Charge sheeted co-accused persons have already been granted bail by co-ordinate Bench of this Court as well as trial court. He is languishing in jail since 24.6.2019 (more than two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Shree Pal involved in Session Trial No. 185 of 2005 as well as Case Crime No. 38 of 2004, under Sections 147, 148, 149, 302/34 IPC, Police Station Madnapur, District Shahjahanpur be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.8.2019 A. Singh