Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49388 of 2018 Applicant :- Abhishek Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Harendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Abhishek Singh in Case Crime No.257 of 2018, under Sections 109, 114, 116, 117, 147, 148, 149, 307, 332, 333, 336, 337, 338, 341, 342, 353, 436, 452, 504 of I.P.C. and Section 7 of Criminal law Amendment Act, 4/5 Prevention of Damages to Public Property Act, Police-Station-Haldharpur, District-Mau.
Learned counsel for the applicant has submitted that first information report has been lodged against 12 nominated and 400-500 unknown person. Learned counsel for the applicant submitted next that general role of assault has been assigned to large number of persons, who are said to have opened fire upon the police personnel and also resorted to pelting of stones. But, no police personnels received any fire arm injury. However, some police personnels have received simple injuries on their persons by pelting of stones. However, no specific role has been assigned to the applicant of causing injury to the victim.
It is lastly submitted that the applicant is in jail since 04.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial. The applicant has no criminal history to his credit..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Abhishek Singh 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 subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(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, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 sweta