Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45384 of 2018 Applicant :- Jeetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Tripathi Counsel for Opposite Party :- G.A.,Deepak Dubey
Hon'ble Rajiv Gupta,J.
Sri Deepak Dubey has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State Sri Deepak Dubey, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Jeetu seeking bail in Case Crime No. 976 of 2018, under Sections 307, 325, 120B IPC, Police Station Vrindaban, District Mathura.
Learned counsel for the applicant has submitted that even according to the prosecution own case as many as three persons are said to have assaulted the victim Munish Sharma, who were armed with saria and lathi, on account of which the victim is said to have received deep lacerated wound at chin, foot, left wrist and complaint of pain.
Learned counsel for the applicant has next drawn the attention of this Court to the x-ray report of the victim, according to which the victim has suffered a fracture injury of elbow bone and so far as the other injuries are concerned no bony injury has been seen.
Learned counsel for the applicant has next submitted that as many as three persons are assigned the role of assault, however, the author of the fracture injury has not been specified, even in the statement of the victim and the same is also not dangerous to life.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and he is in jail since 12.09.2018 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 and Sri Deepak Dubey learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid fact and that the applicant is in jail since 12.09.2018.
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 Jeetu 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 :- 29.11.2018 Ashok Gupta