Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1128 of 2019 Applicant :- Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Gyan Chandra Yadav Counsel for Opposite Party :- G.A.,Shyam Shanker Pandey
Hon'ble Aniruddha Singh,J.
This bail application is printed today peremptorily.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri D.N. Tiwari, learned AGA for the State and perused the record. They admitted that no bail application of any co-accused is pending before this Court.
According to prosecution case, FIR was lodged against three persons namely, Suresh, Ajay @ Pintoo and Vikas alleging that on 31.7.2013 at 17 hour they opened fire at Parminder and Suryakant @ Prince. Parminder received two gunshot injuries(two entry and two exit wounds) and injured Suryakant @ Prince received two injuries but simple in nature.
It is submitted by learned counsel for the applicant that according to statement of injured, role of firing was assigned to Suresh and Ajay. The applicant is languishing in jail since 10.9.2017(more than one year and ten months). Four cases have been roped later on. All the accused are father and sons, they were not residing in village(place of occurrence). They were residing in Hariyana. Even then, role of firing was allegedly assigned to Suresh and Ajay. Role of applicant is distinguishable from Suresh and Ajay. Recovery of pistols has been falsely shown from all accused by the police. There is no independent witness. There is no possibility to get this case decided in near future due to heavy work load in trial Court. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Vikas involved in Case Crime No.145 of 2013, under Section 302, 307, 34 IPC, Police Station Sikheda, District Muzaffar Nagar 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 :- 30.7.2019 P.P.