Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44526 of 2018 Applicant :- Indrapal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Shukla 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 Indrapal Singh seeking bail in Case Crime No. 741 of 2009, under Sections 323, 324, 307 IPC, Police Station Sirauli, District Bareilly.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that even according to the prosecution own case, main role of assault has been assigned to Dharampal Singh by his Tamancha.
Learned counsel for the applicant has next submitted that as per the X-Ray Report, no abnormality has been detected in the injuries and as such, the injuries cannot be said to be dangerous to life.
Learned counsel for the applicant has next submitted that earlier in the present case, FIR has been lodged under Section 323, 324 IPC, in which, the applicant had already been released on bail and subsequently, Section 308 IPC has been added.
applicant has no criminal history to his credit and he is in jail since 11.10.2018 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. Lastly, it is submitted that there is no chance of applicant 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 that the applicant has no criminal history to his credit and he is in jail since 11.10.2018.
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 Indrapal Singh 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.