Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15587 of 2018 Applicant :- Shyam Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Prasad Tiwari,Smt Alpana Tiwari,Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Ajai Kumar Srivastava, Advocate, appearing on behalf of complainant is taken on record.
Heard learned counsel for the applicant and Sri R.D. Yadav, learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Sri Lal Bhaskar, Sri Shyam Lal and one unknown person alleging that on 22.10.2015 they shot fire on Anil Kumar; specifically stated that Sri Lal Bhaskar has shot fire on Anil Kumar, resultantly died; after investigation Final Report was submitted against the applicant; charge-sheet was submitted against Sri Lal Bhaskar and vide order dated 16.09.2017 this accused was summoned under Section 319 Cr.P.C. and thereafter he applied for bail and his bail application was rejected; hence this bail application.
Learned counsel for the applicant submitted that there is no independent witness against the applicant; the applicant is a Government Servant due to enmity he has been falsely implicated in the present case; this accused was summoned under Section 319 Cr.P.C. without cross-examination of witnesses; there is no legal evidence against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 29.03.2018 (near about one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 the applicant Shyam Lal involved in the Case Crime No. 299 of 2015, under Sections 302 I.P.C., S.T. No.11 of 2016 (State Vs. Sri Lal Bhaskar and others), P.S. Atarra, District Banda be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 26.4.2018 A. Tripathi