Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10965 of 2018 Applicant :- Buddhi Sagar Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against 12 accused persons and some unknown persons including this accused alleging that on 13.12.2016 they assaulted other prisoners who have received injuries. All injuries are simple in nature.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. There was no independent witness. He is languishing in jail since 18.4.2014 (more than three years and eleven months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. Co-accused, namely, Rakesh, Arfeen @ Shahnawaj, Raj Kumar Bajpai, Anand Tiwari, Sandeep Yadav, Jafirrul @ Pappu Ansari, Jafar Ali, Bahadur Chauhan, Wajais, Jai Prakash, Haidar Ali have been granted bail by co-ordinate Bench of this Court.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Buddhi Sagar Shukla involved in Case Crime No. 619 of 2016, under Section 147, 148, 149, 323, 504, 506, 333, 353, 307, 342, 427, 436, 336, 325 IPC and Section 7 Criminal Law Amendment Act & 3 Prevention of Damages to the Public Property Act, Police Station Shahpur, District Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
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.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.3.2018//A. Singh