Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44557 of 2018 Applicant :- Faizan Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State as well as Sri Atharva Dixit, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Faizan seeking bail in Case Crime No. 290 of 2018, under Sections 308, 147, 323, 506 IPC, Police Station Ram Chandra Mission, District Shahjahanpur.
Learned counsel for the applicant has submitted that even according to the prosecution own case, as many as five persons are said to have assaulted the victims, due to which, they received injuries.
Learned counsel for the applicant has next submitted that as per the prosecution case, Mohd. Saleem, Noor Ahmad and Mohd. Afzal are said to have received injuries, however, from their X-Ray reports, it is evident that Mohd. Saleem and Mohd. Afzal have not received any bony injury and only Noor Ahmad had suffered a fracture of index finger, as such, said injuries cannot be said to be dangerous to life.
Learned counsel for the applicant has further submitted that the applicant is in jail since 13.08.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA as well as Sri Atharva Dixit, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant is in jail since 13.08.2018.
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 the applicant Faizan 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 :- 28.11.2018 Nadim