Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10721 of 2018 Applicant :- Chhote Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.,R. A. Ram
Hon'ble Dinesh Kumar Singh-I,J.
Counter affidavit has been filed on behalf of complainant by Sri Ram Adhar Ram, learned counsel for the complainant and the same is taken on record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 101 of 2017 under Sections 323, 504, 324, 308 and 326 I.P.C., Police Station Saraimeer, District Azamgarh, during the pendency of trial.
Learned counsel for the applicant contends that the accused- applicant has been falsely implicated. According to the prosecution version, the accused-applicant is alleged to have assaulted the injured with Tangi, which is sharp edged weapon while the injuries which have been sustained by the injured are lacerated and they are two in number. Injury no. 1 is received in right leg while injury no. 2 is on eyebrow. Injury no. 1 was kept in observation but in the X-ray report, no fracture is found. The applicant is languishing in jail since 31.8.2017. If he is released on bail, he would not misuse the liberty.
Learned AGA as well as learned counsel for the complainant have vehemently opposed the prayer for bail but could not contorvert the aforesaid fact.
Heard Sri Janardan Yadav, learned counsel for the applicant, Sri R.A. Ram, learned counsel for the complainant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
In view of above arguments, looking to the fact that accused- applicant is alleged to have caused injury to the injured by Tangi, which is a sharp edged weapon and no incised wound is found in the injury memo, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Chhote Lal involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.8.2018 A.P. Pandey