Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29092 of 2019 Applicant :- Vinod @ Kariya Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Dharmendra Kumar Singh, learned counsel for the applicant, Sri Shoiab Khan, 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 – Vinod @ Kariya with a prayer to enlarge him on bail in Case Crime No.145 of 2019, under Section 307 I.P.C., Police Station Kerakat, District Jaunpur.
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 the FIR has been lodged against unknown persons for the incident dated 23.05.2019. As per allegation in the FIR on 23.05.2019 when the informant was going to Jaunpur in the barat of his son, on the way some anti social elements came and fired upon the son of the informant due to which he sustained serious injuries. The name of the applicant has surfaced in the statement of the informant after three days of the incident due to which he has been implicated by the police. The injuries sustained by the injured are on his hand which is non-vital part. There is no enmity or motive against the applicant to cause any injury to the injured. It is next contended that the applicant has no criminal history and 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 the applicant is languishing in jail since 27.05.2019. 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./-