Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45789 of 2018 Applicant :- Amarjeet Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Amarjeet Kumar and Sunil Kumar seeks bail in Case Crime No. 255 of 2018, under Sections 147, 148, 149, 307, 427 IPC, P.S. Haldharpur, District- Mau.
Learned counsel for the applicants has submitted that the applicants are not named in the first information report and even in the first statement of the first informant, their names have not surfaced. Subsequently, in the second statement of the first informant, their names have surfaced. Learned counsel for the applicant has next submitted that even according to the prosecution own case, general role of assault has been assigned to large number of persons. Lastly, it is submitted that applicants are in jail since 29.9.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. The applicants have no criminal history to their credit.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that the applicants are not named in the first information report and their names have surfaced int the second statement of the first informant.
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 applicants Amarjeet Kumar and Sunil Kumar be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance are 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 :- 30.11.2018 KU