Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44891 of 2018 Applicant :- Shyam Veer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Vaish Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Vakalatnama filed by Shri Rajesh Kumar Singh on behalf of the complainant is taken on record.
Heard learned counsel for applicant, learned counsel for the complainant and learned AGA for the State and perused the record.
This bail application has been filed by the applicant Shyam Veer Singh seeking bail in Case Crime No. 0090 of 2018, under Sections 323,504,307 IPC, P.S. Pailani, District Banda.
Learned counsel for the applicant has submitted that according to the prosecution own case two persons opened fire upon the victim. The victim has received stray pallet injury on his arm and on his shoulder. However as per X-ray report no bony injury is seen and as such the injury can not be said to be dangerous to life. Learned counsel for the applicant has next submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 1.8.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA and learned counsel for the complainant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Shyam Veer Singh 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 R