Court No. - 63
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1516 of 2018 Applicant :- Alok Opposite Party :- State Of U.P.
Counsel for Applicant :- G.S. Chauhan Counsel for Opposite Party :- G.A.,Mr Pt. S.P. Sharma
Hon'ble Krishna Pratap Singh,J.
Counter affidavit filed by Shri S.P. Sharma, learned counsel for the complainant is taken on record.
Heard Shri G.S. Chauhan, learned counsel for the applicant, Shri S.P. Sharma, learned counsel for the complainant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submits that co-accused Basant Lal has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No. 46324 of 2017 vide order dated 1.12.2017. The applicant is languishing in jail since 25.10.2017. He does not have any criminal history to his credit. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned counsel for the complainant and A.G.A. have opposed the bail prayer of the applicant by contending that the applicant is the main accused. He has caused severe injuries to the complainant. Occipital bone was found fractured. In NCCT Brain Report, the hyper density was also noted at right occipital region and fracture of nasal bone was also noticed. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Alok, involved in case crime No. 608 of 2017, under sections 308, 323, 324, 504, 506 IPC, police station Mauranipur, district Jhansi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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 :- 30.3.2018 Ishrat