Court No. - 55
Case:-CRIMINAL MISC. BAIL APPLICATION No.-2884 of 2019 Applicant :- Harprasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Heard Sri R.B. Saxena, Advocate holding brief of Sri Virendra Kumar Singh, learned counsel for the applicant and Sri Kunwar Ritesh Kumar, learned Brief Holder for the State.
Learned counsel for the applicant submitted that the applicant is in jail since 29.10.2018 and has no criminal antecedents which fact is not disputed by the learned Brief Holder. It is further submitted that it was on account of a heated argument that the alleged incident took place and there was no intention to cause injury or to commit the murder. It is next submitted that according to the injury report, injuries are grievous in nature but are not dangerous to life and as such, no offence under Section 307 will be made out. It is further submitted that the applicant is the only bread-earner of his family.
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- Harprasad, be released on bail in Case Crime No. 534 of 2018, under Sections 498-A, 307, 323 IPC, Police Station- Fatehganj West, district- Bareilly, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.4.2019 P Kesari [Vikram Nath, J.]