Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44513 of 2018 Applicant :- Kartar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shujauddin Counsel for Opposite Party :- G.A.,Rajnish Kumar Pandey,Santosh Kumar Pandey
Hon'ble Suresh Kumar Gupta,J.
Counter affidavit filed today which is taken on record.
Heard learned counsel for the applicant learned A.G.A. for the State and perused the record.
It is contended by learned counsel for the applicant that he has been falsely implicated in the case due to ulterior motive. Dispute arises between children and first informant. Learned counsel next contended that general role of assault is assigned to the applicant as well as other co-accused but in the statement under Section 161 Cr.P.C. main role of inflicting injury is assigned to the applicant. It is further contended that only single injury is inflicted on the head of injured Satya Prakash. As per medical report injury is not found to be grievous. It is further contended that another co-accused, Imna Prasad and Bhupendra, have granted bail in Criminal Misc. Bail Application Nos. 45217 of 2018 and 46091 of 2018. It is further contended that applicant will cooperate the trial and does not misuse the liberty of bail. The applicant is in jail since 05.09.2018.
Per Contra, learned A.G.A. as well as learned counsel for the first informant vehemently opposed the prayer of bail application contending that main allegation of inflicting injury assigned to the applicant. It is further contended that applicant has caused head injury and injury is serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail.
Let the applicant- Kartar Singh, involved in Case Crime No. 511 of 2018, under Sections - 323, 504, 506, 452, 308 I.P.C., Police Station- Swar, District- Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appears before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2019 Rohit