Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2790 of 2019 Applicant :- Hareram Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Hareram seeks bail in Case Crime No. 439 of 2018, under Sections 307, 323, 325, 504, 506 IPC, P.S.
Kasaya, District- Kushinagar.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has submitted that in respect of an incident, the first information reports have been lodged from both the sides and both the sides have suffered injuries on their persons. From the side of the applicant, three persons have suffered injuries, whereas from the side of the first informant, also three persons have suffered injuries on their persons. Learned counsel for the applicant has next submitted that similarly placed co-accused Kamlawati @ Kamlawati Devi and Manju Devi @ Manji Devi have already been granted bail by this Court in Criminal Misc. Bail Application No. 43427 of 2018 vide order dated 15.11.2018. Lastly, it is submitted that applicant has no criminal history to his credit and is languishing in jail since 17.7.2018 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 police report has already been filed and the chances of trial being concluded in near future is very bleak.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused have already been granted bail by this Court and FIRs have been lodged from both the sides and both the sides have suffered injuries.
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 applicant Hareram 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 :- 21.1.2019 KU