Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4291 of 2019 Applicant :- Laxman Pasi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Applicant- Laxman Pasi seeks bail in Case Crime No.
308 of 2012, under Sections 308, 323, 504, 506 IPC, P.S.Ranipur, District- Mau.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case.
Learned counsel for the applicant has next submitted that as per the First Information Report, the applicant Laxman along with Sudarson Pasi had assaulted Urmila by lathi and danda. Learned counsel for the applicant has drawn the attention of the Court towards the statement of victim Urmila, in which she has stated that Laxman assaulted her on head due to which, she fell down and lost her consciousness, and co-accused Sudarson Pasi had assaulted Tara Devi. Learned counsel for the applicant has next submitted that no x-ray report of victim Urmila Devi has been brought on record and as such injuries cannot be said to be dangerous to life.
Lastly, it is submitted that applicant is in jail since 04.10.2018 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.
Learned counsel for the applicant has next submitted that the police report has already been submitted and the chances of trial being concluded in near future is very bleak due to heavy dockets.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 04.10.2018.
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 applicant Laxman Pasi 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 :- 25.2.2019 M. ARIF