Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41401 of 2018 Applicant :- Gaurav Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned counsel Sri Lavkush Kumar Bhatt has filed his vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State as well as Sri Lavkush Kumar Bhatt, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Gaurav Mishra seeking bail in Case Crime No. 134 of 2018, under Sections 325, 307, 34 IPC and Section 7 of Criminal Law Amendment Act, Police Station Rajepur, District Farrukhabad.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. He has next submitted that in the FIR, general role of assault by lathi, danda, sword, axe and country- made pistol has been assigned to as many as 7 persons. No specific role of assault has been assigned to the applicant.
Learned counsel for the applicant has submitted that the co-accused Rama Kant has already been granted bail by this Court in Criminal Misc. Bail Application No. 27514 of 2018 vide order dated 01.10.2018.
He has further submitted that the applicant has no criminal history to his credit and he is in jail since 22.03.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned AGA and learned counsel for the first informant has opposed the prayer for bail but could not dispute the fact that the co-accused Rama Kant has already been granted bail by this Court and the applicant has no criminal history to his credit.
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 Gaurav Mishra 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 :- 30.10.2018 /Nadim