Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34632 of 2017 Applicant :- Vinay @ Billu Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Lalit Kumar Srivastava,Ankur Jee Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Billu and Monu alleging that on 11/12.10.2012 at 11 P.M. they came in Activa, Billu who was sitting on pillion, shot fire with countrymade pistol at Ashish Kumar Verma('jija' of complainant) which hit on his left hand.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 24.1.2013(more than five years and one month); he has criminal history of ten cases which have been explained; he has been falsely implicated in the present case due to enmity; there was no independent witness; five years have elapsed and trial has not yet concluded, and there is no possibility to get this case decided in a short period; he is a poor person and co-accused Monu @ Amit has already been enlarged on bail vide order dated 3.3.2016 passed in Criminal Misc. Bail Application No.5819 of 2016; 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 and period of custody, gravity of offence, 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 Vinay @ Billu Verma involved in Case Crime No.296 of 2012, under Section 307, 34 IPC, Police Station Loha Mandi, District Agra 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 :- 26.2.2018 P.P.