Court No. - 3
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16977 of 2018 Applicant :- Jasvir And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Narain,Arjun Singh Solanki,Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Counter affidavit filed today on behalf of State is taken on record.
Heard learned counsel for the applicant and learned AGA for the State-respondents.
The present bail application has been filed for enlarging the applicants on bail in Case Crime No.179 of 2018, under Sections 147, 148, 149, 307 IPC, Police Station Soron, District- Kasganj.
It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that the injuries sustained by the injured are simple in nature, reference in this regard is made to injury report of the victim a copy of which has been annexed as annexure-2 to the writ petition accompanying this bail application. It is further submitted that the role of firing have not been assigned to the applicants as the same has been assigned to the co-accused persons. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 04.03.2018. It has been pointed out that the applicants have no criminal history.
Learned A.G.A. has opposed the prayer for bail.
State has filed counter affidavit but nothing was found in the counter affidavit, which may prevent this Court to grant bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants namely Jasvir and Prem Pal involved in Case Crime No.179 of 2018, under Sections 147, 148, 149, 307 IPC, Police Station Soron, District- Kasganj be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicants shall not tamper with the prosecution evidence;
(ii) The applicants shall not threaten or harras the prosecution witnesses;
(iii) The applicants shall appear on the date fixed by the trial court.
(iv) The applicants shall not commit an offence similar to the offence of which the applicant is accuse, or suspected of the commission, of which applicant is suspected.
(v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.7.2018 Junaid