TARUN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vikash Chandra Tiwari, learned counsel for the applicant, learned AGA for the State and perused the material on record. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The applicant was not named in the F.I.R. and his name is surfaced in the confessional statement of co-accused Ashu @ Aas Mohammad. As per allegation of F.I.R., the accused persons had opened fire upon the police personnel but no one has received gun shot injury. Lastly, it is submitted that co-accused Ashu @ Aas Mohammad had already been granted bail by the Sessions Judge vide order dtd. 22/2/2023. The criminal history of the applicant has been explained in para 6 of the affidavit filed in support of bail application. He next submits that the applicant is in jail since 15/2/2022 and if he is released on bail, he will not misuse the liberty of bail.

(2.) Learned AGA for the State vehemently opposed the prayer of bail. Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed. Let applicant- Tarun @ Bhoora be released on bail in Case Crime No.15 of 2023, under Ss. 307, 414, 482, 34 I.P.C. and Sec. 3/25 Arms Act, registered at P.S. Dhaulana,, District Hapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:

(3.) The identity, status and residential proof of sureties will be verified by the 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.