Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43459 of 2021 Applicant :- Jaiveer And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed by Sri Onkar Nath and Sri Utpal Dhawan, advocates on behalf of the informant is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
Learned counsel for the applicants submits that according to FIR, incident occurred on 14.02.2021 but FIR has been lodged on 18.02.2018. He further submits that there is cross-case. Both sides have received injury. From the side of applicant Jaiveer and Ashok have received injuries. From the side of informant Ram Khiladi has received injuries on right upper end of fabula bone and left 5th metatarsal bone, which are non-vital part of the body. Criminal case shown against the applicant as criminal history has been duly explained. He also submits that FIR on behest of the applicant was not lodged by the police then application under Section 156 (3) was filed, which is treated as complaint case. Learned counsel further submits that the co-accused Updesh, having identical role, has been granted bail by coordinate Bench of this Court vide order dated 14.9.2021 passed in criminal misc. bail application no.29331 of 2021. Case of the applicants stands on the same footing as to the case of co-accused who has already been enlarged on bail. Applicants are languishing in jail since 21.07.2021. In case they are released on bail, they will not misuse the liberty and will cooperate in trial.
Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the fact that the identically placed co- accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let applicants Jaiveer and Rohit alias Devesh involved in Case Crime No.28 of 2021 under Sections 147, 148, 149, 341, 323, 504, 506, 324, 325, 392, 307 I.P.C., P.S. Malawan, District Etah be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 28.10.2021 ss