Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24972 of 2019 Applicant :- Kale Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Kale, who is involved in Case Crime No. 45 of 2019, under Sections 308, 323, 504 of I.P.C., Police Station- Dhanari, District-Sambhal.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further submitted that there were four accused in the incident and there is only one injury. Thus, it was not clear as to whose blow had caused the said injury. Learned counsel for the applicant further submitted that even the injured, at the time of examination by the doctor, was smelling of alcohol and thus it could also be concluded that the injury was self-inflicted. It is further submitted that the applicant has no other criminal history and is in jail since 26.03.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, Kale, be released on bail in Case Crime No.
45 of 2019, under Sections 308, 323, 504 of I.P.C., Police Station- Dhanari, District-Sambhal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 Ram Murti