Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49291 of 2018 Applicant :- Hargen Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Prakash Rai,Saghir Ahmad 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- Hargen seeks bail in Criminal Case No. 319 of 2017, under Sections 323, 504, 506, 308 IPC arising out of N.C.R. No. 101 of 2014, under Section 323 IPC, P.S. Jamaniya, District- Ghazipur.
Learned counsel for the applicant has submitted that in respect of the incident, non cognizable report was registered at the instance of one Pushpa alleging therein that on 13.6.2014 when his brother Sujeet was returning back to his home, he was assaulted by the applicant- Hargen alongwith Shailendra, Bablu and Vinod on account of past enmity. The injuries of the victim Sujeet was examined and he suffered five injuries on his person. The head injury found on the person of the victim was also advised for C.T. Scan and as per the C.T. Scan report, he has suffered extradural haematoma in left frontal convexity with subdural haematoma in right fronto parietal and left fronto tomporal convexity. However, during the pendency of investigation the victim- Sujeet filed a complaint being complaint Case No. 12 of 2015 before the Court of Addl. Chief Judicial Magistrate, Ghazipur. On the basis of the said complaint, the learned Magistrate recorded the statement of the victim under Section 200 Cr.P.C. and that of Pushpa and Badri under Section 202 Cr.P.C. and summoned the applicant to face trial vide order dated 25.1.2016. On the basis of said summoning order the applicant surrendered before the Court, however, his bail application has been rejected vide order dated 16.11.2018. Learned counsel for the applicant has next submitted that even according to the allegations made in the complaint as many as four persons are said to have assaulted the victim by lathi and danda, due to which the victim suffered injury on his head and as per C.T. Scan report, there was a fracture injury, however author of the said injury has not been specified. The other injuries are not dangerous to life. Lastly, it is submitted that applicant is in jail since 11.9.2018 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. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that general role of assault to as many as four persons have been assigned. The victim has suffered a fracture injury on parietal bone but the author of the said injury has not been specified.
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 Hargen 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 :- 21.12.2018 KU