Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8079 of 2018 Applicant :- Chhotelal @ Suresh And Anr.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned AGA for the State, and perused the record.
According to prosecution case, Sughar Singh, Dharmendra, Shivpal, Arvind, Ravindra, Raju and Chote Lal assaulted Ramnath, Shivdeet, Pinki, Sunita, Sushma, Km. Madhuri with lathi, danda, saria(rod) and bricks. In the said incident victim Ram Nath received head injury and fractures was found.
It is submitted by learned counsel for the applicants that all co-accused have been released on bail. There is cross case being Case Crime No. 153 of 2017 against fourteen persons including injured Ram Nath, Pinki Madhuri Sunita Sushma and Surjeet. They are languishing in jail since 16.12.2017(more than two and half months) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. Co-accused namely Sughar Singh has been granted bail by this Court on 21.11.2017 vide Criminal Misc. Bail Application No. 28807 of 2017; since the role of the applicants is not distinguishable with the role of co- accused, therefore, the applicants are also entitled for bail.
On the other hand, learned A.G.A. opposed the prayer for bail but admitted that applicants have criminal history.
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 the applicants Chhotelal @ Suresh and Dharmendra @ Gudda involved in Case Crime No.152 of 2017, under Sections 147, 323, 308, 452, 504, 506 IPC, Police Station Kurawali, District Mainpuri 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 following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
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 :- 28.2.2018 A. Singh