Single-judge criminal court granted bail to the applicant in a case involving affray and attempt to murder, subject to bond and sureties, and directed the trial court to expedite proceedings within six months.
Released on bail with bond and two sureties; trial to be concluded within six months.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7869 of 2018
Applicant :- Ram Veer Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Surat Saroj,Anuj Srivastava,Pawan Singh Pundir,Surendra Singh Counsel for Opposite Party :- G.A.,Vikash Tripathi
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Ram Surat Saroj, learned counsel for the complainant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that in the F.I.R. general allegation of assaulting the victim with bricks and fire arm has been made against three named and three unknown persons including the applicant. He next submitted that no incriminating article or material has been recovered either from the applicant or on his pointing out. He further submitted that the applicant has not committed any offence and he has been falsely implicated in the present case due to some ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 01.01.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, and perused the contents of both the FIRs dated 23.4.2017
lodged by the applicant as well as by the informant dated 1.11.2017 and the injuries sustained by the injured and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant Ramveer be released on bail in Case Crime No. 1197 of 2017, under Sections 147, 148, 149 and 307 I.P.C., P.S. Badaut, district-Baghpat on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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.
However, trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six month from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 26.9.2018 Faridul
2 issues framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 147, 148, 149 and 307 IPC.
Whether conditions regarding absence from trial, tampering with evidence, and unlawful activities should be imposed.
Ram Veer
Vivek Kumar Singh
As recorded by the court registry
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