Allahabad High Court
Sheilendra @ Guddu vs State Of U.P. on 22 September, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32174 of 2016
Applicant :- Sheilendra @ Guddu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh
Counsel for Opposite Party :- G.A.,Niklank Jain
Hon'ble Naheed Ara Moonis,J.
Applicant- Sheilendra @ Guddu seeks bail in Case Crime No.117 of 2016, under Sections 147, 148, 149, 302, 504, 506 IPC, Police Station Aliganj, District Etah.
Heard learned counsel for the applicant, Shri Niklank Jain, learned counsel for the complainant as well as learned AGA for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that according to the F.I.R. six persons have been nominated in the F.I.R. that they had fired indiscriminately at the complainant's brother who was taken to Primary Health Centre, Aliganj and thereafter he was referred to the District Hospital, Etah, where he was declared dead. According to the post-mortem report only one gun shot injury has been found on the body of the deceased and one abrasion on the left thigh. Therefore, it cannot be ascertained as to who had caused the fatal injury. The medical report also does not corroborate with the prosecution case. The applicant is languishing in jail since 20.7.2016 and has no criminal history to his credit, hence he deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. as well as the learned counsel for the complainant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at this stage, the applicant does not deserve any indulgence. In case the applicant is allowed to be released on bail, he will tamper with the prosecution evidence and shall flee away from the judicial process.
Having considered the nature of accusation, severity of punishment but without expressing any opinion on the merits of the case, let the applicant Sheilendra @ Guddu involved in 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court
Order Date :- 22.9.2016
RU
