Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5781 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ambrish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Ram Singh @ Ramu, Rahul Singh, Satyandra Singh @ Veeru, Sher Singh, Jodha Singh and Sonu alleging that on 1.10.2017 they armed with weapons came and Ram Singh @ Ramu shot fire with firearm at Kuldeep which hit at his neck; rest accused assaulted Pratap Singh and Jairam with 'lathi-danda' & axe and they also received injuries.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; specific role of firing has been assigned against the co-accused Ram Singh @ Ramu; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature and not dangerous to life; general role has been assigned to the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; co- accused Rahul Singh has already been enlarged on bail by this Court; he is in jail since 13.10.2017 (more than four months) having no criminal history. Injuries caused to Jairam was attributed to this accused but they are not dangerous to life.
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 applicant Sonu involved in the Case Crime No. 291 of 2017, under Sections 147, 148, 149, 307/34,. 323, 324, 504, 506, 308 I.P.C. and 7 Criminal Law Amendment Act, P.S. Gursarain, District Jhansi 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:
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 :- 27.2.2018 P.P.