Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30235 of 2018 Applicant :- Khoobchand Opposite Party :- State Of U.P.
Counsel for Applicant :- Pushpendra Singh,Gaurav Kakkar,Wahid Jamal Counsel for Opposite Party :- G.A.,Krishna Kumar Yadav
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri Krishna Kumar Yadav, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that it is a case of sudden fight in which three persons are said to have assaulted the injured and general role of assault has been assigned to all of them. It is further submitted as per the opinion of the Doctor concerned the injuries sustained by the injured are grievous in nature which is defined under Section 325 I.P.C., therefore, it is submitted that the case would not travel beyond Section 325 I.P.C. and no case under the charged sections made out against the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.7.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Khoobchand involved in Case Crime No.340 of 2018, under Section 308, 325, 504, 34 I.P.C., Police Station Khurja Nagar, District Bulandshahr be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 18.9.2018 Dev/-