Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44921 of 2018 Applicant :- Ambrish And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Tiwari,Niraj Tiwari Counsel for Opposite Party :- G.A.,Raghvendra Prakash
Hon'ble Rajiv Gupta,J.
Sri Raghvendra Prakash has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for applicants, learned AGA for the State and Sri Raghvendra Prakash learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Ambrish and Subhash seeking bail in Case Crime No. 356 of 2013, under Sections 147, 148, 149, 323, 504, 506, 352, 324, 308 IPC, Police Station Bardah District Azamgarh.
Learned counsel for the applicants has submitted that in respect of the incident first information report has been lodged from both the sides and both sides have received injuries. Learned counsel for the applicants next submitted that from the side of the applicants four persons have received injuries whereas from the side of the first informant three persons have received injuries. Learned counsel for the applicants has next submitted that at this stage who, out of the two rival groups, is the aggressor cannot be sifted.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 05.10.2018 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. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA and Sri Raghvendra Prakash learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the fact that cross cases have been lodged from both the sides and both the sides have received injuries.
Learned counsel for the first informant has next submitted that the applicants have been arrested in pursuance of the N.B.W. as such, conditions may be imposed on them for ensuring his presence.
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 applicants have made out a case for bail.
Let the applicants Ambrish and Subhash be released on bail in the aforesaid case crime number on their furnishing a personal bond of Rs. 1 lac and two reliable sureties (one should be of their family members) each 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 :- 28.11.2018 Ashok Gupta