Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17066 of 2019 Applicant :- Manoj Rajbhar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicants Manoj Rajbhar and Virendra Rajbhar, in Case Crime No.52 of 2018, under Sections 323, 504, 506 IPC, Police Station Mardah, District Ghazipur.
Heard Sri Nazrul Islam Jafri, learned counsel for the applicant and the learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that this crime was originally registered as NCR No.54 of 2018 under Sections 323, 504 IPC on 12.3.2018 at Police Station Mardha, District Ghazipur with allegations that on 12.3.2018 at about 8:30 hours, the informant asked the applicants and the co-accused not to install some engine at the chak out land, whereupon the applicant and the co- accused, that is to say, Mahendra Rajbhar and Rajendra Rajbhar, sons of late Bandhu Rajbhar (non-applicants), Manoj son of Mahendra Rajbhar and Virendra son of Mahendra Rajbhar (the applicants) assaulted the informant-Shiv Chandra Rajbhar, abusing him in filthy words, with sticks (laathi and danda) and blows. On this information, the NCR aforesaid was registered. Lateron, a supplementary medico legal examination revealed a fracture sustained leading to a regular crime being registered, with addition of Sections 308, 323, 504 IPC. The submission of learned counsel for the applicant is that the allegations are general in nature, and it cannot be said at this stage, as to who is the author of the grievous injury. It is further submitted that under identical circumstances, co-accused Mahendra Rajbhar and Rajendra Rajbhar have been admitted to the concession of bail by this Court vide order dated 24.4.2019 passed in Criminal Misc. Bail Application No.17161 of 2019, and as such, the applicant's are entitled to parity. It is also argued that the applicant's have no criminal history and are in jail since 14.2.2019.
Learned AGA has opposed the prayer for but does not dispute the factum of parity.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Manoj Rajbhar and Virendra Rajbhar, in Case Crime No.52 of 2018, under Sections 323, 504, 506 IPC, Police Station Mardah, District Ghazipur be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 29.4.2019 NSC