Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4067 of 2019 Applicant :- Jogi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Jogi and Rampati seeks bail in Complaint Case No. 840 of 2015, under Sections 323, 504, 506, 452 IPC, P.S. Kothibhar, District- Maharajganj.
Learned counsel for the applicants has submitted that applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has next submitted that in the complaint only role assigned to the applicants is of assaulting the victims and specific role of setting hamlet on fire has been assigned to co-accused Leeladhar. Learned counsel for the applicants has next submitted that no person has suffered any injury in the present incident. Learned counsel for the applicant has next submitted that applicants are in jail since 8.1.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. The applicants have no criminal history to their credit.
Learned counsel for the applicants has next submitted that applicant has not been summoned by the Magistrate under Section 436 IPC.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that no role of setting hamlet on fire has been assigned to the applicants and they are in jail since 8.1.2019.
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 applicants have made out a case for bail.
Let applicants Jogi and Rampati be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance are 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 :- 29.1.2019 KU