Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22568 of 2019 Applicant :- Surendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kaushik,Abhishek Singh,Ashish Kumar Singh,Krishna Shankar Counsel for Opposite Party :- G.A.,Ch. Dil Nisar
Hon'ble Siddharth,J.
Counter affidavit has been filed by learned counsel for the informant, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Surendra, with a prayer to release him on bail in Case Crime No.37 of 2019, under Sections 307 IPC, Police Station Nanauta, District- Saharanpur, during pendency of trial.
It has been submitted that applicant and the injured are real brothers. There is prior dispute between them regarding ancestral property. There is strained relationship. It has been submitted that on the date of incident, the accused was abusing some boy from his roof, when the injured tried to stop him. He incidentally fired on him causing the injury on his chest and shoulder. The injuries had been found grievous by the doctor. However, learned counsel for the applicant has submitted that there was no intention to cause murder of the injured and injuries were caused in the fit of rage, since injured tried to stop the applicant, who was abusing child from his roof and since there was earlier enmity and grudge against the applicant, he caused injury to the injured. The applicant has not criminal history to his credit and he is languishing in jail since 13.02.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned counsel for the informant has vehemently opposed the prayer for bail of the applicant. He has submitted that PW-1, PW-2, PW-3 have been examined by the trial court. Therefore, there is no justification for grant of bail. He has further submitted in paragraph No.
10 of the counter affidavit that applicant is threatening of killing, after he is released on bail.
Learned A.G.A. has supported the arguments advanced by learned counsel for the informant.
The applicant is directed to be enlarged on bail for a period of six months on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
List this case after three months on 07.01.2020.
Order Date :- 30.9.2019 Ruchi Agrahari