Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that it is a cross case in which both sides have received injuries and the incident took place at the whisper of moment and at this stage it cannot be said that who was the aggressor. It is contended that no specific role has been assigned to the applicant. It is next contended that the applicant does not have any criminal history and he has been falsely implicated in the present case due to ulterior motive. It is next contended by the learned counsel for the applicant that the applicant is in jail and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Kashi @ Kashinath, involved in case crime No. 245 of 2014, under Sections 147, 148, 323, 504, 506, 308 IPC, police station Kotwali, District Gorakhpur be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 5.11.2014 M.A.A.