Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4223 of 2019 Applicant :- Liladhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Pushkar 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.
This bail application has been filed by the applicant Liladhar seeking bail in Case Crime No. 494 of 2018, under Sections 452, 308, 323, 504, 325 IPC, Police Station Khair, District Aligarh.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that according to the FIR, general role of assault has been assigned to as many as four persons, who are said to have assaulted the victim by lathi, danda and iron rod, due to which, the victim Hoshiyar Singh is said to have suffered one injury on his head and the other injuries are complain of pain.
Learned counsel for the applicant has next submitted that the CT Scan report of head injury shows linear fracture of mastoid temporal bone and posterior wall of mandibular fossa, however, author of the aforesaid grievous injury has not been specified.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 13.11.2018 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 applicant has no criminal history to his credit and he is in jail since 13.11.2018.
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 Liladhar 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 :- 30.1.2019 Nadim