Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2872 of 2019 Applicant :- Bhura Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Bhura seeks bail in Case Crime No. 523 of 2018, under Sections 307, 323, 504 IPC, P.S. Kotwali, District- Rampur.
Learned counsel for the applicant has submitted that as per the allegations made in the first information report, the applicant is said to have opened fire, which hit the victim on his right arm above the elbow and the victim was admitted at Safdarganj Hospital and has also been discharged from the hospital on 4.9.2018 and now he is hale and hearty and no permanent disability has been caused to him. Lastly, it is submitted that applicant is in jail since 20.10.2018 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.The applicant has no criminal history to his credit.
Per contra learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 20.10.2018 and has no criminal history to his credit and the victim has already been discharged from the hospital.
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 applicant Bhura 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 :- 28.2.2019 KU