Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15852 of 2019 Applicant :- Tarachand @ Piranga Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A.,Garun Pal Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Kumar Tripathi, learned counsel for the applicant, Sri Garun Pal Singh, learned counsel for the complainant and Sri B.A. Khan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 146 of 2019 under Sections 452, 323, 307 and 504 I.P.C., P.S. Highway, District Mathura.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; accused applicant along with three others are alleged to have assaulted three injured persons i.e. Mukesh, Ashok and Inder Singh. It is further argued that the accused applicant has been later on assigned the role of making fire upon the injured but no fire arm injury was sustained by the injured persons; all the injuries are simple in nature except one injury caused to Inder Singh which was sustained in elbow where fracture was found which was on non vital part of the body; the accused applicant is in jail since 18.02.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the complainant and learned A.G.A. have opposed the bail and learned counsel for the complainant further stated that there is criminal history of one case against accused applicant under Sections 420, 406, 342, 323 and 504 I.P.C. in Crime No. 688 of 2013, P.S. Highway, which is considerably of old period.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Tarachand @ Piranga involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 A. Mandhani