Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37042 of 2018 Applicant :- Jabbar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Vashisth,Adil Jamal,Akhilesh Chandra Shukla,Rakesh Kumar Singh Counsel for Opposite Party :- G.A.,Avnish Kumar Srivastava
Hon'ble Rajiv Gupta,J.
Counter affidavits filed today are taken on record.
Heard learned counsel for applicant, Sri Avnish Kumar Srivastava, learned counsel for the first informant, learned AGA for the State and perused the record.
Applicant- Jabbar seeks bail in Case Crime No. 241 of 2018, under Sections 147, 148, 149, 308, 324 IPC, P.S.
Rohta, District- Meerut.
Learned counsel for the applicant has submitted that even according to the prosecution own case as many as seven persons, three unknown persons and 5-6 unknown ladies are said to have assaulted the victim by Lathi Danda and Katta and as many as seven persons has suffered injuries. Learned counsel for the applicant has next submitted that X-ray was advised for the injuries of Shakar and Pramod. As per the X-ray report Shakar has received two fracture injuries of 5th metacarpal and right clavicle. Learned counsel for the applicant has next submitted that there is no supplementary injury report of the injured Pramod. The author of the grievous injuries said to be caused to injured Shakar has not been specified and general role of assault has been assigned to large number of persons and no specific role has been assigned to the applicant. The injuries of other injured are not dangerous to life. It is lastly submitted that the applicant is in jail since 13.7.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Per contra, learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 13.7.2018 and has no criminal history to his credit.
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 applicant Jabbar 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 :- 28.2.2019 KU