Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8819 of 2019 Applicant :- Faijal @ Faijal Hasan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Monoj Kumar Tripathi, Advocate has filed vakalatnama on behalf of first informant, which is taken on record.
Heard learned counsel for applicants, learned AGA for the State, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicants Faijal @ Faijal Hasan and Firoz seeking bail in Case Crime No.
460 of 2018 under Sections 323, 504, 325, 308 IPC, Police Station Pilkhua District Hapur.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. He next submitted that in the first information report, as many as four person are said to have assaulted the victim by lathi danda and saria due to which victim suffered injuries on his head and shoulder, left side back and right side back and thigh. Learned counsel for the applicant has next submitted that injury nos. 1 and 5 on head and shoulder were found grievous and were advised X-ray and the X-ray report shows that the applicant has suffered fracture of left parietal and temporal bone however X-ray report of shoulder shows that no bony injury was seen. Learned counsel for the applicant has drawn the attention of the court toward the statement of victim Nasir in which he has clearly stated that Vasid has assaulted the victim on his head by a saria due to which he suffered fracture of parietal bone. The other injuries said to have been caused by the applicant and two other persons had not been found to be dangerous to life. Learned counsel for the applicant has next submitted that the applicants are in jail since 23.1.2019 and they have no criminal history to their credit and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA as well as counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that main role of assaulting the victim on his head causing fracture injury has been assigned to co-accused Vasid and the applicants are in jail since 23.1.2019.
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 applicants have made out a case for bail.
Let the applicants Faijal @ Faijal Hasan and Firoz be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance are 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 :- 28.2.2019 KU