Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 577 of 2019 Applicant :- Mahesh Maurya Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State, which is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Mahesh Maurya seeks bail in Case Crime No. 399 of 2018, under Sections 147, 308, 323, 325 IPC, P.S. Phulpur, District- Varanasi.
Learned counsel for the applicant has submitted that as per the allegation made in the first information report, the applicant alongiwith one Pankaj and four unknown persons are said to have assaulted the victim, due to which he has suffered injuries on his head and leg. Learned counsel for the applicant has next submitted that as per X-ray report of skull, no abnormality has been detected. So far as the injury on his right leg is concerned, the X-ray shows post operative nail and thereafter the victim has been discharged from the hospital on 3.10.2018. Learned counsel for the applicant has next submitted that as per the statement of the victim recorded 161 Cr.P.C., the author of the said injury has not been specified. Learned counsel for the applicant has next submitted that the other co-accused Pankaj Gour has already been granted bail by the court below vide order dated 16.1.2019. A copy of which has been filed today and taken on record. Lastly, it is submitted that applicant is in jail since 11.10.2018 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. The applicant has no criminal history to his credit. The police report has already been submitted and the chances of trial being concluded in near future is very bleak due to heavy dockets.
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 11.10.2018 and he has no criminal history to his credit and police report has already been submitted.
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 Mahesh Maurya 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 :- 26.2.2019 KU