Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40423 of 2018 Applicant :- Chandrika Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Gopal Singh,Brij Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Session Trial No. 167-A of 2014, arising out of Case Crime No. 257 of 2013, under Section 302 IPC, Police Station Bisanda, District Banda.
Heard learned counsel for the applicant and learned AGA appearing for the State.
It has been submitted that even though the applicant has been named in the first information report and has been assigned a role of assault by lathi, however, subsequently the police after investigation has submitted a final report. Thereafter the applicant has been summoned under Section 319 Cr.P.C. after about 5 months of the incident. The further submission is that even as per the statements of the witnesses who have been examined, the applicant has assigned the role only of catching hold. The applicant is in jail since 24.08.2018 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Chandrika involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 26.10.2018 VKG