Pradeep Vs State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2501 of 2020

Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Shams Uz Zaman,Sunil Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 1801 of 2019, under Section 307 IPC, P.S. Kavi Nagar, District Ghaziabad, during pendency of trial.

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It is contended by learned counsel for the applicant that he has falsely been implicated in the present case. The application was named in the first information report. It is next contended that it is a case of firing upon police party but no one received injury, and therefore, no case for the commission of offence punishable under Section 307 is made out against the applicant. It has been further submitted that applicant is in jail since 04.09.2019 having criminal history of 14 cases, which has been explained in paragraph 6 of the supplementary affidavit, in which he has been released on bail and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India 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 and without expressing any opinion on the merits of the case, let the applicant- Pradeep involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence

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by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 3.12.2020 Noman

Pradeep v. State of U.P.

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Pradeep v. State of U.P.

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