Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41128 of 2018 Applicant :- Lal Bahadur And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Chandel Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Manoj Kumar Chandel, learned counsel for the applicants and learned A.G.A. appearing for the State.
Learned counsel for the applicants submitted that it is a cross case in which both sides have received injuries and at this stage it cannot be said as to who was aggressors and the incident had taken place at the spur of the moment. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. Further submission is that applicants who are in jail since 25.9.2018 has no other criminal history and there is also no possibility of their either fleeing away from the judicial process or tampering with the witnesses. Applicants also undertake that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicants Lal Bahadur, Ram Karan and Gautam be released on bail in Case Crime No. 1257 of 2016, under Sections 147, 148, 323, 324, 352, 504, 506, 325 and 308 I.P.C., P.S. Ghosi, district-Mau on their furnishing personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 27.10.2018 Faridul