Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44874 of 2018 Applicant :- Manveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidya Bhaskar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Jitendra Kumar Yadav has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State and Sri Jitendra Kumar Yadav and perused the record.
This bail application has been filed by the applicant Manveer seeking bail in Case Crime No. 151 of 2018, under Sections 307, 323, 504, 506 IPC, Police Station Garhiya Rangin, District Shahjahanpur.
Learned counsel for the applicant has submitted that the even according to the prosecution own case, the applicant is said to be armed with lathi and danda and has been assigned the general role of assault due to which Sachin Yadav and Pradeep have received injuries on their person.
Learned counsel for the applicant has next submitted that the injuries of Sachin Kumar have been examined after 11 days and are simple in nature. Learned counsel for the applicant has next submitted that x-ray report of Pradeep shows two small Radio Opaque Shadow of Mettalic Density which injury has been caused by co-accused Charan Singh, who is said to have been armed with gun.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 29.08.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA as well as Sri Jitendra Kumar Yadav have vehemently opposed the prayer for bail but could not dispute the aforesaid fact and the applicant is in jail since 29.08.2018.
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 Manveer 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 :- 27.11.2018/Ashok Gupta