The court granted bail to an accused charged under Sections 307 and 414 IPC. Despite the opposite party citing long criminal history and lack of public witnesses for recovery, the court found it a fit case for bail on a personal bond and sureties.
Released on bail on a personal bond and two reliable sureties of equivalent amount.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43750 of 2020
Applicant :- Sandeep @ Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant Sandeep @ Sanju, who is involved in Case Crime No. 398 of 2020, under Sections 307, 414 IPC, Police Station Jhinjhana, District Shamli.
In brief as per the FIR version, police has received information that two miscreats with illegal weapons and cartridges were coming by the motorcycle and seeing the police, motorcycle rider and pillion rider have fallen on earth due to slip of motorcycle and they opened fire upon the police party. The two persons were arrested. The arrested persons have disclosed their names as Sandeep @ Sanju and Manoj son of Surajbhan. From the possession of the applicant one country made pistol of 315 bore and two live cartridges has been recovered. The motorcycle which was stolen, was also recovered from the possession of the accused.
Learned counsel for applicant submitted that the applicant is innocent and has been falsely implicated in the present case. Criminal history of applicant is stated in paragraph-11 of the affidavit and in these criminal cases, the applicant has already been released on bail by the Courts below. The applicant has been languishing in jail since 23.08.2020. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the prayer on the ground of long criminal history.
Admittedly, it is case of no injury in which none of the police personnel sustained any injury. There is no witness of public of the recovery memo.
In view of the facts and circumstances of the case and the
submissions made by learned counsel for both the sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Sandeep @ Sanju, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not indulge in any criminal history.
(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, liberty is given to the trial Court to cancel the bail of the applicant without any reference to this Court.
Order Date :- 7.12.2020 Monika
3 issues framed by the court
Whether the accused is entitled to bail in a case involving attempted murder and using corrosive substance no injury.
Whether the accused should be released on personal bond and sureties.
Whether the accused should be released on bail despite long criminal history and no public witnesses for recovery.
1 provisions across 1 enactments
Sandeep @ Sanju
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
