Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44511 of 2018 Applicant :- Dashrath Opposite Party :- State Of U.P.
Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.,Pramod Kumar Singh
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State, Sri Pramod Kumar Singh, learned counsel for the first informant and perused the record.
Applicant- Dashrath seeks bail in Case Crime No. 422 of 2018, under Sections 323, 324, 308, 504 IPC, P.S. Kakod, District- Bulandshahr.
Learned counsel for the applicant has submitted that even according to the prosecution own case, the victim Suman is said to have been assaulted by as many as three persons, due to which she has received an incised wound and other injuries are contusion and traumatic swelling. Learned counsel for the applicant has next submitted that as per the X-ray report, there is a linear fracture seen at parietal bone of skull. However, the said injury is said to have been caused by co-accused Rekha. The other injuries are simple in nature and in the said injury, no abnormality has been detected. Lastly, it is submitted that applicant is in jail since 8.10.2018 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 criminal history of the applicant has been explained in paragraph- 2 and 3 of the supplementary affidavits.
Learned AGA as well as Sri Pramod Kumar Singh, learned counsel for the first informant have opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 8.10.2018.
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 Dashrath 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 :- 29.11.2018 KU