Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48530 of 2018 Applicant :- Abid Opposite Party :- State Of U.P. Counsel for Applicant :- Mohit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Rajesh Singh, Advocated has filed vakalatnama on behalf of the complainant, which is taken on record.
Heard learned counsel for applicant, Sri Rajesh Singh, learned counsel for the complainant and learned AGA for the State and perused the record.
This bail application has been filed by the applicant Abid seeking bail in Case Crime No. 2603 of 2018, under Sections 147, 148, 149, 307, 506 IPC, P.S.Sahibabad, District Ghaziabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case.
Learned counsel for the applicant has next submitted that even according to the prosecution own case four named persons and seven unknown are said to have assaulted the victim by knife and Katta. Learned counsel for the applicant has next drawn the attention of the Court towards the injury report of the victim Rizwan and as per the injury report, he received one incised wound on his neck and one incised wound on left back and right back. However, injured Arif has received four injuries which are simple in nature. The author of the grievous injuries caused to the victim Rizwan has not been specified at all and no specific role of assaulting the victim has been assigned to him. It is lastly submitted that the applicant is in jail since 27.8.2018 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 and learned counsel for the complainant 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 Abid 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