Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46455 of 2018 Applicant :- Lakhmi Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar 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 Lakhmi seeking bail in Case Crime No. 606 of 2018, under Sections 323, 354-B, 342, 504 IPC, Police Station Shadabad, District Hathras.
Learned counsel for the applicant has submitted that even according to the prosecution own case, three persons are said to have assaulted the victims by lathi and danda, due to which, Dumber and Lakkhi Devi have received injuries on their person, however, as per the supplementary injury report, injuries of both the victims have been found simple in nature.
Learned counsel for the applicant has next submitted that the criminal history of the applicant has been explained in paragraph no. 16 of the affidavit and he is in jail since 01.10.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the injuries sustained by the victims are not dangerous to life and that the applicant is in jail since 01.10.2018.
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 Lakhmi 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 :- 19.12.2018 Nadim