Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2928 of 2019 Applicant :- Dharmendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raksha Tiwari,Shiv Kumar Singh Rajawat 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 Dharmendra Singh, seeking bail in Case Crime No. 93 of 2018, under Sections 367 and 504 IPC, P.S. Mataundh, District- Banda.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has drawn the attention of the Court towards the statement of the victim-Jagat Singh, wherein he has stated that the applicant along with three others had taken the the victim Jagat Singh from his field to the house of co accused Bhim Singh who asked him to call his son Vijay Singh as he had abused him and beaten him, however, the victim assured to call him in the morning, however, they insisted to call him immediately but he refused then the applicants along with three others made him to sit in a Bolero vehicle and assaulted him with kicks and fists and butt of the gun and dropped him at Jakhira Railway Station. The victim suffered simple injuries as in the X-Ray report no abnormality has been detected. It is lastly submitted that the applicant is in jail since 19.10.2018 and the applicant has no criminal history to his credit. No specific role of assault has been assigned to the applicant and in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that no specific role of assault has been assigned to the applicant and the applicant is in jail since 19.10.2018.
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 the applicant Dharmendra 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. Bail Order Date :- 22.1.2019 R