Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23755 of 2019 Applicant :- Jasvant Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava,Kamlendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Supplementary affidavit filed today by learned counsel for informant, is taken on record.
Heard learned counsel for the applicant, learned counsel for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Jasvant with a prayer to release him on bail in Case Crime No. 07 of 2019, under Sections 147, 148, 323, 307, 504, 506 I.P.C., Police Station- Adampur, District- J.P.Nagar(Amroha), during pendency of trial.
It is argued by the learned counsel for the applicant that a civil suit is pending between the families of the applicant and victim, due to which a quarrel took place between them on 06.01.2019 at 20:00 p.m. For the aforesaid incident, F.I.R.s have been lodged from both the sides and both the sides have received injuries. From the side of the applicant, four persons have received injuries, whereas from the side of the first informant, six persons have received injuries. From the side of the informant, two persons, namely, Smt. Sharda and Sunil had received injuries which appears to be grievous in nature as per supplementary medical report of the alleged injured. No specific role has been assigned to the applicant. Learned counsel for the applicant has next submitted that who, out of the two rival groups, is the aggressor, cannot be determined at this stage and from the side of the informant all accused persons have been granted interim bail. It is next submitted that the applicant has been assigned the role of causing injury to Sunil. As per the injury report of Sunil, all the injuries are caused by some blunt and hard object and the same are simple in nature. As per statement of the injured- Sunil, the applicant has assaulted on him by lathi, whereas injury no.2, mentioned in the supplementary report, is fracture on left occipital bone, but there is nothing on record to show that how the injured was referred to private hospital for better treatment. Seeing the variations in the medical report of the injured, possibility of nature of such injury, which is said to be caused by lathi, makes doubtful. Co-accused Ram Pal, who has been assigned the role of causing injury by axe, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 3.5.2019 in Criminal Misc. Bail Application No. 18887 of 2019. The applicant has no criminal history to his credit and he is in jail since 25.01.2019. 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 A.G.A. has vehemently opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Jasvant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.6.2019 Pcl