Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48288 of 2018 Applicant :- Ajeet Bansfor Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Priya Singh 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 Ajeet Bansfor seeking bail in Case Crime No. 92 of 2018, under Sections 147, 323, 324, 307, 504, & 506 I.P.C., P.S. Dakshin Tola, District Mau.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the prosecution case, three nominated persons alongwith applicant and three unknown persons are said to have assaulted the victim by knife. The victim is said to have received five injuries more specifically injuries on his left hand, left shoulder, left Forearm Lt. elbow and incised wound over Lt. scapular area. However as per the X-ray report he has not suffered any fracture injury and in all the injuries no abnormality has been detected. Learned counsel for the applicant has next submitted that injuries found on the person of the victim are not dangerous to life.
Learned counsel for the applicant has next submitted that the applicant is in jail since 26.11.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is in jail since 26.11.2018.
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 Ajeet Bansfor 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 Md Faisal