Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48567 of 2018 Applicant :- Babloo Opposite Party :- State Of U.P. Counsel for Applicant :- R.B. Pal 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 Babloo seeking bail in Case Crime No. 165 of 2018, under Sections 323, 504, 307 IPC, Police Station Malawan, District Etah.
Learned counsel for the applicant has submitted that even according to the prosecution own case, the applicant along with two other accused persons is said to have assaulted the victim by kicks and fists and the co-accused Sukhvir is said to have fired upon the victim, due to which, he has received injuries on his abdomen, however, applicant has not caused any injury to the victim.
Learned counsel for the applicant has next submitted that the case of the applicant is distinguishable from the case of the co-accused Sukhvir.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 29.09.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that no injury has been caused to the victim by the applicant and the applicant is in jail since 29.09.2018.
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 applicant has made out a case for bail.
Let the applicant Babloo 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 :- 19.12.2018 Nadim