Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6163 of 2019 Applicant :- Deena Nath And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ganesh Prasad,Yash Pal Counsel for Opposite Party :- G.A.,Atul Shahi
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned counsel for the first informant and learned AGA for the State and perused the record.
This bail application has been filed by the applicants Deena Nath and Shrawan seeking bail in Case Crime No. 250 of 2018, under Sections 147, 148, 149, 323, 324, 397 IPC, P.S. Gagaga, District Gorakhpur.
Learned counsel for the applicants has submitted that as per the allegations made in the F.I.R as many as six persons and some unknown persons are said to have assaulted the victim due to which Anil, Sunil, Arvind and Lal Bahadur have suffered injuries. The injury report of Arvind shows that he has suffered two incised wound on his head, however the X-Ray report shows that no abnormality has been detected in the said injury as such they can not be said to be dangerous to life. Other injured Anil has suffered fracture of shaft right Ulna Bone of right forearm whereas other inured Sunil has suffered fracture of Metacarpal bone and no external injury has been caused to the victim Lal Bahadur. Learned counsel for the applicants has next submitted that from perusal of the supplementary injury report it can not be said that the injuries are dangerous to life and mostly on non- vital part, however, author of the injuries caused to Arvind has not been specified. Learned counsel for the applicants has next submitted that the applicants are in jail since 2.9.2018, the police report has already been submitted in the present case and the chances of trial being concluded in near future is very bleak due to heavy dockets.
It is lastly submitted that the applicants have no other criminal history to their credit and the applicants are in jail since 2.9.2018 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial..
Learned AGA as well as learned counsel for the informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 applicants have made out a case for bail.
Let the applicants Deena Nath and Shrawan be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants 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 :- 25.2.2019 R