Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11628 of 2018 Applicant :- Ghanshyam Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun,Sushila Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged against three accused persons, namely, Ghanshyam (the applicant), Ram Krishna @ Badka and Rajendra @ Pappu alleging that on 21.11.2017 they assaulted Om Prakash, he received head injury in which temporal bone was found fractured.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to previous enmity; general role has been assigned against all the accused persons and one injury was grievous in nature; there is no independent witness of the incident; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 31.01.2018 (about two months); the criminal history of one case has been explained, in which the applicant has been acquitted.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the criminal history of one case against the applicant has been explained, the role of this accused is identical to the role of co-accused who have already been enlarged on 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 Ghanshyam involved in the Case Crime No. 661 of 2017, under sections 452,308,323, 504, 506 I.P.C.,Police Station Kokhraj, District Kaushambi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.3.2018 Su