Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44924 of 2018 Applicant :- Anwar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Javed Habib Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State as well as Sri Mukesh Kumar Pandey, holding brief of Sri Shamsuzzaman, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicants Anwar and Rashid seeking bail in Case Crime No. 366 of 2018, under Section 307 IPC, Police Station Kotwali Sambhal, District Sambhal.
Learned counsel for the applicants has submitted that even according to the prosecution own case, as many as four persons are said to have assaulted the victim by lathi, dandi and sariya, due to said assault, the victim is said to have received injuries on his head and was bleeding from his left ear. As per the CT Scan report, the victim is said to have sustained fracture of left parietal bone, however the author of the said injury, which is grievous in nature, is not discernible.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 04.08.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State as well as Sri Mukesh Kumar Pandey, holding brief of Sri Shamsuzzaman, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and that the applicants are in jail since 04.08.2018.
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 applicants have made out a case for bail.
Let the applicant Anwar and Rashid be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 27.11.2018 Nadim