Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15907 of 2019 Applicant :- Shrikant Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Srikant Singh with a prayer to enlarge him on bail in Case Crime No.50 of 2019, under Sections 307, 34 I.P.C. and Section 3/25 of Arms Act, Police Station Rani Ki Sarai, District Azamgarh.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that as per version of FIR, on 08.03.2019 the victim had gone to attend marriage in the village in which the applicant instigated co-accused Ashish by giving him country made pistol to fire upon the victim and the co-accused Ashish fired at victim, due to which he (victim) sustained injuries in his stomach. It has been argued that it is said to be a case of harsh firing. It is next contended that applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 12.03.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for 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, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
(v) The applicant is directed to deposit Rs.25,000/- in favour of the victim within 15 days from the date of release. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
In case of default of compliance with condition no.(v) enumerated above, the opposite party shall move an application for cancellation of bail before the court below, who shall consider the application and cancel the bail of the applicant.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.4.2019
Anand Sri./-