Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48912 of 2018 Applicant :- Amit Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Vakalatnama filed by Shri Raj Kumar Singh on behalf of the complainant is taken on record.
Heard learned counsel for applicant, learned counsel for the complainant and learned AGA for the State and perused the record.
This bail application has been filed by the applicant Amit Gupta seeking bail in Case Crime No. 1168 of 2018, under Sections 147, 148, 149, 452,323,307,504,506 IPC, P.S.
Kotwalil Farrukhabad, District Farrukhabad.
Learned counsel for the applicant has submitted that according to the prosecution own case the applicant alongwith three others are said to have assaulted the victim by kicks and fist and Danda due to which two persons have suffered injuries. The victim Ragini has suffered fire arm injuries which has been specifically assigned to the co-accused Pushkar. The injuries of other victim Rajkumari are simple in nature. The applicant has not been assigned specific role of assaulting the victim Rajkumari.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 31.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 the applicant Amit Gupta 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.
Order Date :- 19.12.2018 R