Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45164 of 2018 Applicant :- Amrit Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Srivastava 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 Amrit Lal seeking bail in Case Crime No. 472 of 2018, under Sections 323,325,307,452,504,506 IPC, P.S.Kokhraj, District Kaushambi.
Learned counsel for the applicant has submitted that in the present incident F.I.R. has been lodged from both sides and both sides have received injuries. Learned counsel for the applicant has next submitted that five persons have received injuries from informant side whereas Kedar has received injury on the applicant’s side. Learned counsel for the applicant has next submitted that at this stage who out of two rivals groups was the aggressor can not be determined. Learned counsel for the applicant has further submitted that the applicant is in jail since 4.10.2018 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 Amrit Lal 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 :- 28.11.2018 R