Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41469 of 2020 Applicant :- Vinod @ Moola Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.,Salilendu Kumar Upadhyay
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned counsel for the informant and 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 @ Moola with a prayer to enlarge him on bail in Case Crime No. 65 of 2020, under Sections 147, 148, 149, 504, 506, 307, 302, 120B I.P.C., Police Station Ghiror, District Mainpuri.
Learned counsel for the applicant has submitted that the applicant is in jail since 16.6.2020 and after investigation, police has submitted charge sheet and there is no question of accused influencing the investigation. Further submission is that the applicant has not been named in the FIR and subsequently he has been added as conspirator for the commission of the offence. It is further submitted that the role of fire has been assigned to co-accused Satyaveer @ Chhote Yadav. It is further submitted that accused applicant has no criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 16.6.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that all the witnesses who were examined by the investigating officer and stated that the applicant initiated by abusing the complainant side and that resulted in the whole offence.
Upon hearing the submissions made by learned counsel of both sides, it is clear that the applicant is not named and whole case has been assigned is of abusing as such this case is very much different as the named accused persons and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 5.1.2021 Mini