Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29827 of 2019 Applicant :- Toran Singh @ Gandhi Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Dinesh Tiwari, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Toran Singh @ Gandhi with a prayer to enlarge him on bail in Case Crime No.349 of 2017, under Sections 147, 148, 149, 307, 308, 336, 504, 506, 427 I.P.C., Police Staton Khandauli, District Agra.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that it is a cross case and for the incident dated 04.09.2017, an FIR has been lodged by the informant on 04.09.2017 and from the side of applicant the FIR has been lodged for the same incident on 08.09.2017. Five-six persons from both the sides have sustained injuries, but who was the aggressor cannot be determined at this stage. Criminal history of the applicant is explained in para 2 of the supplementary affidavit. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he is languishing in jail since 10.06.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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 :- 25.7.2019 Anand Sri./-