Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49311 of 2018 Applicant :- Amit Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Amit seeking bail in Case Crime No. 989 of 2017, under Sections 307 and 506 IPC, P.S. Shamli Kotwali, District Shamli.
Learned counsel for the applicant has submitted that even according to the prosecution own case general role of assault by Lathi, Danda and Butt of Katta has been assigned to as many as three persons. Learned counsel for the applicant has next submitted that similarly placed co- accused, Anuj has already been granted bail by this Court, in Criminal Misc. Bail Application No. 42663 of 2018 vide order dated 22.11.2018.
Learned counsel for the applicant has next submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 2.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial. Lastly it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
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 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 :- 21.12.2018 R