Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48544 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, the learned AGA for the State and perused the record.
Applicant- Abhishek Singh seeks bail in Case Crime No. 255 of 2018, under Sections 147, 148, 149, 307, 427 IPC, P.S. Haldharpur, District- Mau.
Learned counsel for the applicant has submitted that the applicant is not named in the first information report and even in the statement of the first informant under Section 161 Cr.P.C., his name has not surfaced. Subsequently, in the statement of the Manager of the School, name of the applicant has surfaced for the first time on 4.10.2018. Learned counsel for the applicant has next submitted that even according to the prosecution own case, general role of assault has been assigned to large number of persons. Lastly, it is submitted that applicant is in jail since 4.10.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is not named in the first informant report and his name has surfaced for the first time in the statement of the Manager of the School after about a week.
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 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 :- 18.12.2018 KU