IMPORTANT POINT
The court considered the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, and submissions of learned counsel for the parties in allowing the bail application.

JUDGMENT :

1. Supplementary affidavit filed by learned counsel for the applicants is taken on record.

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

3. By means of this bail application, applicants seek bail in Case Crime No. 738 of 2023, under Sections- 147, 148, 149, 307 I.P.C. and Sections- 3/4/25/27 of Arms Act, Police Station-Baraut, District- Baghpat, during pendency of trial.

4. It is submitted by learned counsel for applicants that the applicants are innocent and they have been falsely implicated in the instant case crime number with ulterior motive. The recovery of knife has been shown against the applicant, whereas the injury report appended along with the affidavit in support of this bail application shows that the injury caused to the injured (who is one of the persons with the police party) was caused by fire arm and so far as regarding the criminal history of the applicants is concerned, in all the matters they have already been granted bail by the concerned trial court, which have been explained in para- 3 of the supplementary affidavit. The applicants are languishing in jail since 16.10.2023 and in case they are released on bail, they will not misuse the said liberty.

5. Per contra, learned A.G.A. has vehemently opposed the prayer made in the bail application, but he could not dispute the aforesaid facts.

6. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

7. Let the applicants- Sanjay and Deepak, involved in aforementioned case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

i. The applicants will not tamper with the evidence during the trial.

ii. The applicants will not pressurize/intimidate the prosecution witness.

iii. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicants shall make themselves available for interrogation by a police officer as and when required.

iv. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

v. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

vi. The applicants shall not leave India without the previous permission of the Court.

vii. In the event, the applicants change residential address, the applicants shall inform the court concerned about new residential address in writing.

8. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.