Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49692 of 2018 Applicant :- Akram Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Saleem Khan Counsel for Opposite Party :- G.A.,Ram Babu Sharma
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, Sri Ram Babu Sharma, learned counsel for the first informant, the learned AGA for the State and perused the record.
Applicant- Akram seeks bail in Case Crime No. 700 of 2017, under Sections 147, 148, 324, 307, 504 IPC, P.S.
Izzat Nagar, District- Bareilly.
Learned counsel for the applicant has submitted that 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 allegations made in the first information report, specific role of assaulting the victim- Javed by knife has been assigned to the applicant, which hit on his abdomen. As per the injury report, the victim has suffered incised wound on left side of abdomen 2.5 cm x 0.3 cm., 13 cm oblique to umblicus. Learned counsel for the applicant has next submitted that the said injury has been opined to be simple in nature. Lastly, it is submitted that applicant is in jail since 3.10.2018 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.
Per contra, learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 3.10.2018 and has no criminal history to his credit.
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 Akram 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.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 27.2.2019 KU