Prince Gill Vs State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33473 of 2022

Applicant :- Prince Gill Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A.,Jitendra Kumar

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Hon'ble Deepak Verma,J.

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Counter affidavit has been filed today in the Court, is taken on record.

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Heard Sri Vinay Kumar Singh Chandel, learned counsel for the applicant, Sri Jitendra Kumar, learned counsel for the informant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 259 of 2022, registered under Section 307 I.P.C., Police Station Massorie, District Ghaziabad during pendency of the trial.

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By order dated 06.12.2022 some query was made from State counsel and State has filed counter affidavit in compliance of order dated 06.12.2022.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant was not employed as Security Guard, he is employee of Merchant Navy and no occasion to present at the place of incident. There is no identification parade. No witness of alleged incident and FIR has been lodged against unknown person. Applicant is not named in the FIR. There is no evidence to connect the applicant in the present case, though injured has received serious injury. Applicant has no previous criminal history. From perusal of counter affidavit, no reply has been made by the State counsel that there is any evidence against the applicant. The applicant is languishing in jail since 02.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and

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without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Prince Gill, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence 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 of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 21.12.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.12.22 10:20:29 IST Reason: Location: High Court of Judicature at Allahabad

Prince Gill v. State of U.P.

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Prince Gill v. State of U.P.

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