Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17987 of 2018 Applicant :- Mahipal Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Lal Shukla,Vikrant Pandey Counsel for Opposite Party :- G.A.,Kapil Tyagi
Hon'ble Dinesh Kumar Singh-I,J.
Counter-Affidavit and Rejoinder-Affidavit have been filed and the same are taken on record.
Heard Sri Brij Lal Shukla, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 96 of 2018 under Sections 307, 325, 147, 148, 149, 326, 323 and 324 I.P.C., P.S.
Dankaur, District Gautam Budh Nagar.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case as no such occurrence has taken place; the injuries which are alleged to have been suffered by the injured persons are not dangerous to life although few injuries are found of grievous in nature which are only on "Ulna Bone"; accused has no criminal history; the accused applicant is in jail since 11.02.2018; if the accused is released on bail, he will not misuse the liberty of bail.
Learned counsel for the Opposite party has vehemently opposed the bail but when he was asked a question as to whether any x- ray was conducted in respect of the four injuries which are alleged to have been suffered by the injured on head, he stated that no such x-ray report is available to him nor such x-ray report has been filed by A.G.A.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Mahipal involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.8.2018 A. Mandhani