Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45148 of 2018 Applicant :- Dev Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Suman Kumar Yadav,Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Dev Kumar seeking bail in Case Crime No. 58 of 2018, under Sections 147, 148, 149, 308, 323, 325, & 504 IPC, Police Station Duddhi, District Sonbhadra.
Learned counsel for the applicant has submitted that in respect to the incident F.I.R. has been lodged from both the sides and both sides have received injuries. From the side of the applicant one Durgawati had died and three others have received injuries whereas from the side of the complaint/first informant four persons have received injuries. Learned counsel for the applicant has next submitted that at this stage, who out of the two rival groups, is the aggressor cannot be determined.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and he is in jail since 02.09.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that F.I.R. have been lodged from both the sides and both sides have received injuries and the fact that the applicant is in jail since 02.09.2018.
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 the applicant Dev Kumar 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 :- 28.11.2018 Ashok Gupta