Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45551 of 2018 Applicant :- Mahendra Singh Alias Munna Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijai Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Mahendra Singh Alias Munna seeking bail in Case Crime No. 146 of 2018, under Sections 323,325,308,504 IPC, P.S. Bhuta, District Bareilly.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next submitted that even according to the prosecution own case the main role of assault by Lathi causing injury on the head of the victim Sarnam Singh has been assigned to co-accused, Dheeraj resulting fracture of temporal bone. The other injuries are simple in nature.
Learned counsel for the applicant has next submitted that similarly placed co-accused Gyan Prkash @ Chhota has already been granted bail by this Court in Criminal Misc. Bail Application no. 38899 of 2018 vide order dated 9.10.2018.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 27.9.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 Mahendra Singh Alias Munna 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 :- 29.11.2018 R