Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3416 of 2019 Applicant :- Akhil Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri Kunvar Ritesh Kumar, learned Brief Holder of the State.
Learned counsel for the applicant submitted that the applicant is in jail for the last more than 10 months since 18.07.2018 and has no criminal antecedents which fact is not disputed by the learned Brief Holder. It is next submitted that the applicant has been falsely implicated. It is next submitted that the incident, if any, took place on account of heated discussions, it was neither intentional nor preplanned. It is further submitted that no internal damage has been caused. It is also submitted referring to paragraph 11 that the injured has since remarried while the applicant was in jail.
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-Akhil, be released on bail in Case Crime No.611 of 2018, under sections 307, 506 IPC, P.S. Modi Nagar, District Ghaziabad, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 31.5.2019 RPS