Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5660 of 2019 Applicant :- Anju @ Anil Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Kishor Mishra 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 Anju @ Anil Yadav seeking bail in Case Crime No. 73 of 2017, under Sections 308, 323, 504 IPC, P.S.Bansgaon, District Gorakhpur.
Learned counsel for the applicant has submitted that as per the allegations made in the F.I.R. as many as four persons are said to have assaulted the victim due to which Sonu and Monu and Ram Jatan have suffered injuries on their persons. The supplementary injury report of Sonu and Monu shows normal scan and they have not suffered any fracture injury. Learned counsel for the applicant has next submitted that the C.T. Scan report of Ram Jatan shows that he has suffered haematoma in occipital parietal region of head, however, the author of the said injury has not been specified.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 23.12.2018 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 Anju @ Anil Yadav 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 :- 25.2.2019 R