Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1228 of 2019 Applicant :- Dilshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kumar,Diwan Saifullah Khan,Mohammad Akram Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Dilshad has prayed to release him on bail in Case Crime No. 122 of 2018, u/s 308, 323 I.P.C., P.S. Afzalgarh, District Bijnor.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number owing to political enmity. It was simple injury on a quarrel in between the children regarding playing game but this case was got registered. The injuries were found to be fractured on parietal bone in x-ray examination. This was single blow without any preparation or criminal intention. The accused applicant has no criminal history. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application and submitted that three accused persons have been assigned the role of giving assault over injured and injured sustained injury over his skull and shoulder. In x-ray examination report, fracture of parietal bone was found and shoulder was with NAD.
Having heard counsel for the parties and gone through the materials placed on record it appears that there is no specific assignment to those three accused who caused the above injuries. The genesis of quarrel was regarding playing of game in between the children and there is no criminal antecedents against the applicant.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Dilshad involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 3.6.2019 Rk