Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8042 of 2019 Applicant :- Maharam Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Bahadur Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Maharam seeks bail in Case Crime No. 470 of 2018, under Sections 147, 323, 504, 506, 308, 294 IPC, P.S. Merapur, District- Farrukhabad.
Learned counsel for the applicant has submitted that according to the prosecution own case as many as three persons have assaulted the victims, due to which Jitendra, Brajesh and Nanhi Devi are said to have suffered injuries on their persons. The applicant is said to have assaulted the victim Nanhi Devi on her head and toe, which was advised for X-ray, however X-ray report shows that no abnormality was detected in the injuries, as such injuries cannot be said to be dangerous to life. The injuries of other persons are also simple in nature as no supplementary injury report in respect of their injuries has been brought on record. Lastly, it is submitted that applicant is in jail since 3.12.2018 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. The applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicant is in jail since 3.12.2018 and has no criminal history to his credit and no internal damage has been caused to the victims.
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 Maharam 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 KU