Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6978 of 2018 Applicant :- Dheeresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against seven accused persons including the applicant, namely, Dhiresh, Pappu, Kishanpal, Veeram Singh, Ram Niwas, Sanju and Dev Singh alleging that on 24.03.2016 they assaulted the injured Satyaveer and Neelam with lathi-danda and they have received injuries, the injured Neelam has received injury on her head and fractured was found; all other injuries of the injured are simple in nature.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is cross crime no. 200 of 2016 including Section 308 I.P.C; the incident took place at the spur of moment persons of both sides have received injuries; at this stage it is not possible to decide who is aggressor; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 08.01.2018 (more than one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Dheeresh involved in the Case Crime No. 83 of 2016, under Sections 147, 323, 324, 506, 308 I.P.C., P.S. Sidhpura, District Kasganj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 22.2.2018/A. Tripathi