Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46148 of 2018 Applicant :- Anil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- R.L. Varma,Chandra Bhushan Verma Counsel for Opposite Party :- G.A.,Pawan Kumar Dubey
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned A.G.A. for the State and perused the record.
Applicant- Anil Kumar seeks bail in Case Crime No. 287 of 2018, under Sections 323, 504, 506, 308 I.P.C., P.S. Rosa, District- Shahjahanpur.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted the even according to the prosecution own case the applicant is said to have assaulted the victim by kicks and fists due to which he is said to have suffered injury in his abdomen.
Learned counsel for the applicant next submitted that the victim was operated upon on 11.05.2018 and has been discharged from the hospital and no permanent disability has been caused to him and he is hale and hearty.
Lastly, it is submitted that applicant is in jail since 29.08.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned A.G.A. has 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 applicant, Anil Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy 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.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 20.12.2018 Rohit