Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45779 of 2018 Applicant :- Deepak Jot Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Rakesh Pandey, Advocate has filed vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicant, the learned AGA for the State, Sri Rakesh Pandey, learned counsel for the first informant and perused the record.
Applicant- Deepak Jot Singh seeks bail in Case Crime No. 919 of 2018, under Sections 147, 323, 307, 325, 326, 427 IPC, P.S. Baradari, District- Bareilly.
Learned counsel for the applicant has submitted that in the first information report as many as 14 persons have been nominated as an accused and the applicant- Deepak is said to have assaulted the victim- Harmeet Singh by the butt of the country made pistol, due to which he received injuries on his head. As per the medical examination of Harmeet Singh, he is said to have received one lacerated wound on his skull and other injuries are complaint of pain and simple in nature. As per the X-ray report, in all the injuries no bony injury has been found and as such, they are found to be simple in nature. Lastly, it is submitted that applicant is languishing in jail since 17.10.2018 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- 19 of the affidavit.
Learned AGA as well as Sri Rakesh Pandey, learned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicant is in jail since 17.10.2018.
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 Deepak Jot Singh 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 :- 30.11.2018 KU