Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43452 of 2017 Applicant :- Dhruva Narayan Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Nath Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant contended that general allegation has been made in the F.I.R. against the applicant. No specific roll has been assigned to the applicant. As per the injury report, injured persons sustained simple injury. Criminal history has properly been explained in para-9 of the bail application. Lastly he submitted that the applicant is in custody since 24.4.2016 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, learned A.G.A opposed the prayer for bail.
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 Dhruva involved in Case Crime No.61 of 2015, under Sections 147,352,323,504,506,354,336 and 452 IPC and 7 Criminal Law Amendment Act, P.S. Jatha Bazar, District Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 29.11.2017 Asha