Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38031 of 2018 Applicant :- Bal Krishna Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.,Om Prakash Singh
Hon'ble Rajul Bhargava,J.
Heard Sri Gaurav Kumar Shukla, learned counsel for the applicant, Sri Om Prakash Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.133 of 2018, under Sections 304, 336, 323 & 504 IPC, Police Station Rudhauli, District Basti, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that it is a case of sudden fight. According to prosecution, the applicant and two others were installing bricks near the house of the first informant which was objected to by the first informant and others on account of which, the applicant and two others assaulted the deceased and injured with Lathi-Danda and brickbats, the deceased had sustained four injuries. He further submits that the injuries sustained by four other persons from the prosecution side are simple in nature. He further submits that there is cross version. The first information report has been lodged from the side of applicant as well and charge sheet has also been laid. There are two injured from the side of defence including the applicant who sustained at least 4-5 injuries on head. They were medically examined on the same day. Lastly, it is submitted that the applicant, who is languishing in jail since 4.6.2018, having no criminal antecedents to his credit, deserves to be released on bail.
Learned counsel for the informant as well as learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the submissions made by learned counsel for the applicant.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Bal Krishna , 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.10.2018 Hasnain