Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41296 of 2018 Applicant :- Ajay Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the alleged incident took place on 10.07.2017. Diagnosis was done and it was found that the injury of the deceased was old infected chemical burn injury. Prosecution allegation is that the injury of acid burn was caused on 09.07.2017. If it is to be believed then the diagnosis of old infected chemical burn injury mentioned by the doctor is not possible. It has been submitted that the deceased sustained injury somewhere else. The applicant has been falsely implicated in this case on account of injury alleged. The applicant is in jail since 14.01.2018 and he has no criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove and the material brought on record, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Ajay Rajbhar, be released on bail in Case Crime No. 480 of 2017, under Sections- 326-A, 504 & 304 I.P.C., Police Station- Bansdih, District- Ballia, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.7.2019 Rohit