Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3198 of 2019 Applicant :- Manoj Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi 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 Manoj seeking bail in Case Crime No. 207 of 2018, under Sections 452, 323, 504, 506, 307 IPC, P.S.Bahadurgarh, District Hapur.
Learned counsel for the applicant has submitted that as per the allegations made in the F.I.R. the applicant is said to have assaulted the victim, Sunita by a sharp edged weapon. Learned counsel for the applicant has next submitted that the injury report of the shows that she suffered incised wound on frontal region of neck which has been found to be skin deep and no internal damage has been caused and the injury can not be said to be dangerous to life. Learned counsel for the applicant has next submitted that the applicant is in jail since 11.10.2018, the police report has been submitted in the present case and the chances of trial being concluded in near future are very bleak due to heavy dockets.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 11.10.2018 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 Manoj 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 :- 28.2.2019 R