Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23410 of 2019 Applicant :- Veerpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, the learned A.G.A. for the State and perused the record.
The present bail application has been preferred by the applicant Veerpal seeking bail in Case Crime No. 978 of 2018, under Section 307 I.P.C., Police Station Etmaddaula, District Agra.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that as per the allegation made in the first information report, the applicant along with seven other persons are said to have assaulted the victim Hari Babu due to which he received injuries on his neck and right side of the face. During the course of investigation, the I.O. has recorded the statement of one Yogesh Kumar in which he has stated that the co-accused Diwan Singh had assaulted the victim Hari Babu by knife due to which he sustained injury. Learned counsel for the applicant has next submitted that the applicant has no previous criminal history to his credit and his entire family has been falsely implicated in the present case. Lastly, it is submitted that applicant is in jail since 03.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The police report has already been submitted and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Per contra, learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 03.12.2018 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Veerpal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties 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 :- 4.6.2019 NS