Court No. - 55
Case:-CRIMINAL MISC. BAIL APPLICATION No.-4469 of 2019 Applicant :- Bhupendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav,Ajay Yadav,Kamal Krishna,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.,Vidya Prakash Singh
Hon'ble Vikram Nath,J.
Heard Sri Ramesh Chandra Yadav, learned counsel for the applicant and Sri Arunendra Kumar Singh, learned AGA for the State.
Learned counsel for the applicant submitted that the applicant is in jail since 16.11.2018. It is further submitted that the in the counter affidavit filed by the complainant, three cases were mentioned of which one case is an off-shoot of the present case, being a case u/s 25/27 Arms Act and another case is u/s 332, 353, 504 & 427 IPC and the third is under the Gunda Act of being minor in nature and the same have been duly explained in the second supplementary affidavit. It is next submitted that it was a free fight and cross-cases have been registered. It is further submitted that single injury caused, which is on the right shoulder in an entry and exit wound but being on non vital part and not being dangerous to life.
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 applicant- Bhupendra, be released on bail in Case Crime No. 1378 of 2018, under Section 307 IPC, PS- Sector 49 Noida, distt- Gautam Budh Nagar, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.4.2019/P Kesari [Vikram Nath, J.]