Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8038 of 2019 Applicant :- Dhirendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Parmar,Hariom Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Dhirendra seeks bail in Case Crime No. 832A of 2013, under Sections 307, 323, 324, 504 IPC, P.S. Sumerpur, District- Hamirpur.
Learned counsel for the applicant has submitted that first information report was lodged under Sections 323, 324, 504 IPC and pursuant to the said FIR, the applicant surrendered before the Court of C.J.M. and was granted bail on 30.10.2013 under Sections 323, 324, 504 IPC. Thereafter matter was investigated and charge-sheet was submitted under Sections 323, 324, 504 IPC. However further investigation was undertaken and during the course of investigation, Section 307 IPC has also been added vide Parcha No. 32 in the present case. Learned counsel for the applicant has next submitted that the present case is a cross case in which FIR has been lodged from both the sides and both sides have suffered injuries on their persons. From the side of the applicant, two persons have suffered injuries, whereas from the side of the first informant, also two persons have suffered injuries. Learned counsel for the applicant has next submitted that who, out of the two rival groups, was the aggressor, cannot be determined at this stage and applicant has already been granted bail under Sections 323, 324, 504 IPC, which he has not misused Lastly, it is submitted that applicant is in jail since 3.1.2019 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 applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 3.1.2019 and has no criminal history to his credit and earlier granted bail under Sections 323, 324, 504 IPC.
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 Dhirendra 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 :- 25.2.2019 KU