Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11100 of 2018 Applicant :- Hari Om Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Krishan Yadav,Mr.V.P.Srivastava Counsel for Opposite Party :- G.A.,Mr.Dileep Kumar
Hon'ble Aniruddha Singh,J.
Short counter affidavit filed today, is taken on record.
Heard Sri V. P. Srivastava and Sri Shri Krishna Yadav learned counsel for the applicant, Sri Rajrshi Gupta, Advocate, holding brief of Sri Dileep Kumar, learned counsel for the complainant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against 7 persons, namely, Prashant @ Lala, Vilesh Kumar, Satya Prakash @ Kullu, Surendra, Vijaypal @ Chhotey, Vijay Pratap @ Chhotu and Hariom alleging that on 09.10.2015 at 4.00 A.M. they have assaulted Ramesh Chandra with lathi-danda and iron rod; the injured Ramesh Chandra has received as many as 8 injuries and out of which one injury was found to be grievous and dangerous to life; after investigation charge-sheet was filed against Vijaypal @ Chhotu and all other accused were exonerated; subsequently on the application under Section 319 Cr.P.C. this accused Hari Om Yadav was summoned for the offence under Sections 307 and 120-B IPC.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case and summoned under Sections 319 Cr.P.C., for the offence under Sections 307 and 120-B IPC; the revision against that order is pending; there is no independent witness against the applicant; except one injury which is found to be grievous and dangerous to life all other injuries of the injured are simple in nature, general role has been assigned against all the accused persons; 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 05.03.2018. He also submitted that both the parties belongs to political parties of that area. He further submitted that there is criminal history of 7 cases of the complainant namely Rajiv @ Bala. The criminal history of the applicant has been explained as that, in 8 cases final report has been submitted, in 3 cases arrest is stayed by Hon'ble High Court, in 5 cases compromise has been taken place and one is present case. He submitted that the co-accused Vijay Pal @ Chhotu has been enlarged on bail vide order dated 28.03.2016 passed in Criminal Misc. Bail Application No. 844 of 2016, by a Coordinate Bench of this Court(Annexure No.11 to the application).
Sri Rajrshi Gupta, Advocate, holding brief of Sri Dileep Kumar, learned counsel for the complainant and learned A.G.A. for the State opposed the prayer for bail and submitted that the criminal history of the applicant has not been properly explained.
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 Hari Om Yadav involved in the Case Crime No.1040 of 2015 (Session Trial No. 482 of 2016), under Sections 307, 120-B, IPC, Police Station Shikohabad, District Firozabad 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 :- 29.3.2018/VKG