Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45080 of 2018 Applicant :- Karu @ Dharmpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Karu @ Dharmpal seeking bail in Case Crime No. 741 of 2009, under Sections 323,324,307 IPC, P.S. Sirauli, District Bareilly.
Learned counsel for the applicant has submitted that the F.I.R. was lodged against the applicant and one Indra Pratap under section 323,324 I.P.C. in which the applicant has already been granted bail. Subsequently on submission of the charge sheet section 307 I.P.C has been added. Learned counsel for the applicant has next submitted that even as per the X-ray report no bony injury is seen on the person of the victim and as such the injury can not be said to be dangerous to life. Learned counsel for the applicant has further submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 11.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Karu @ Dharmpal 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 :- 27.11.2018 R