Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7012 of 2018 Applicant :- Unnao Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against seven accused persons, namely, Anesh Singh, Pinki, Durgesh, Bhoore, Unnan, Appoo and Kuldeep; alleging that on 2.9.2014 they abducted Anil when villagers attempted to arrest them, they shot fire one villager Vijendra received firearm injury but injury are not dangerous to life.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Co-accused namely Durgesh and Kuldeep have been granted bail by co-ordinate Bench of this Court on 7.11.2017 and 23.10.2017 vide Criminal Misc. Bail Application Nos. 43002 of 2017 and 39885 of 2017 since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are not dangerous to life. He is languishing in jail since 6.11.2017 (more than three and half month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 the applicant Unnao involved in Case Crime No. 505 of 2014, under Sections 147, 148, 149, 307, 364 IPC, Police Station Jaithra, District Etah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 :- 23.2.2018 A. Singh