Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43777 of 2018 Applicant :- Shubham Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Shailesh Kumar Srivastava has filed his vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicant, learned A.G.A. for the State, Sri Shailesh Kumar Srivastava, learned counsel for the first informant, and perused the record.
This bail application has been filed by the applicant Shubham seeking bail in Case Crime No. 1070 of 2018, under Sections 307, 34 IPC, Police Station Baraut, District Baghpat.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that even according to the prosecution own case, co-accused Sanjay Kashyap is said to have fired upon the victim, Amit Kumar, due to which, he received injuries and fell down. Learned counsel for the applicant has next submitted that no specific role of assaulting the victim has been assigned to the applicant. Learned counsel for the applicant has further submitted that the victim has suffered only one fire arm injury which has been specifically assigned to the co-accused Sanjay Kashyap.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 27.09.2018 and 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 AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the fact that the applicant is in jail since 27.09.2018 and has not caused any injury to the victim.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Shubham be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties 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.
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 :- 27.11.2018 Ashok Gupta