Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5488 of 2019 Applicant :- Vishal Singh @ Gappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in Court, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vishal Singh @ Gappu seeking bail in Case Crime No. 340 of 2016, under Sections 147, 149, 186, 323, 342, 336, 504, 506, 436, 353, 332, 307, 427 IPC and Sections 3/4 of The Prevention of Damage to Public Property Act, Police Station Kotwali Deoria, District Deoria.
Learned counsel for the applicant has submitted that the 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 according to the prosecution own case, FIR was lodged against 18 persons including the applicant and 300-400 prisoners alleging therein that on 26.04.2016 they have assaulted the prisoners in jail.
Learned counsel for the applicant has next submitted that similarly placed co-accused Vijay Jaisawal and Jitendra Yadav have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 36717 of 2016 and 46205 of 2017 vide orders dated 13.01.2017 and 08.01.2018 respectively.
Learned counsel for the applicant has next submitted that in the criminal case, in which, the applicant was in jail at the time of commission of the present incident, the applicant has been granted bail in Criminal Appeal No. 3804 of 2016 vide order dated 18.12.2018.
Learned counsel for the applicant has next submitted that the police report has already been submitted in the present case and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Learned counsel for the applicant has next submitted that the applicant is in jail since 27.02.2013 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that similarly placed co-accused Vijay Jaisawal and Jitendra Yadav have already been granted bail by this Court and that the applicant is in jail since 27.02.2013.
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 the applicant Vishal Singh @ Gappu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties (one surety shall be family member of the applicant) 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.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 27.2.2019 Nadim