Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41248 of 2018 Applicant :- Harimesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Harimesh seeking bail in Case Crime No. 196 of 2018, under Sections 147, 308, 323, 452, 504 and 506 I.P.C., P.S. Gola, District Gorakhpur.
Learned counsel for the applicant has submitted that that the applicant has been falsely implicated in the present case on account of ulterior motive. He has further submitted that no specific role of assault has been assigned to the applicant and only role of hurling abuses has been assigned.
Learned counsel for the applicant has further submitted that co-accused Bal Kishun has already been granted bail by this Court in Criminal Misc. Bail Application No. 34092 of 2018 vide order dated 07.09.2018 and thereafter, Mithai, Seema Devi and Kanti Devi have also been granted bail by this Court.
He has next submitted that the applicant is in jail since 18.07.2018 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. It is also next submitted that the applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the similarly placed accused has already been granted bail and that the applicant is in jail since 18.07.2018 and has further submitted that in case, the applicant is released on bail, he will again indulge in anti-social activities and misuse the privilege of bail.
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 Harimesh 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 :- 29.10.2018 Arun Gangwar