Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46019 of 2017 Applicant :- Ankush Bharti @ Vivek Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishwanath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Counter affidavit filed on behalf of the State and supplementary affidavit filed by the applicant are taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 211 of 2015, under Sections 147,148,149,307 IPC, P.S. Gorakhnath, District Gorakhpur.
Learned counsel for the applicant contended that no specific role has been assigned to the applicant as injury report also corroborates the prosecution story. There is only one firearm injury and injury is not on vital part of the body. He further contended that neither inured nor, other witnesses have assigned any individual role of the applicant. He further contended that there are 9 persons who have been assigned the role of firing, so it is difficult to ascertain that who was author of the said injury. He further contended that the applicant has been falsely implicated in the present case due to political rivalry and he is in jail since 22.11.2015.
On contrary, learned AGA opposed the prayer for bail.
Considering the aforesaid submissions of learned counsel for the parties and the fact that no specific individual role has been assigned to the applicant, but at this stage without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Ankush Bharti @ Vivek involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall cooperate with the trial and shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, lower court will be at liberty to cancel the bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 30.3.2018 Sanjeev