Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47395 of 2018 Applicant :- Hariom And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Hariom and Chandra Pal seeking bail in Case Crime No. 348 of 2018, under Sections 147, 148, 149, 307, 353, 332, 342, 379, 324, 325, 504 IPC, Police Station Harduaganj, District Aligarh.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that even according to the prosecution own case, one Veerpal Singh is said to be armed with knife and he is said to have caused injury on the ankle of the victim, however, as per the X-Ray report, in the said injury, no abnormality has been detected.
Learned counsel for the applicants has next submitted that the applicants along with seven other persons are said to have assaulted the victim Nirdosh, who is said to have suffered hair line fracture on the right parietal bone, however, author of the said injuries is not known and other injuries are not dangerous to life.
Learned counsel for the applicants has next submitted that the criminal history of the applicants has been explained in paragraph no. 3 of the supplementary affidavit and the applicant no.1 Hariom is in jail since 26.09.2018, whereas applicant no.2 Chandra Pal is in jail since 11.10.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that no specific role of assault has been assigned to the applicants.
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 applicants have made out a case for bail.
Let the applicants Hariom and Chandra Pal be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 20.12.2018 Nadim