Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45301 of 2018 Applicant :- Meghnath Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Parmar 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 Meghnath seeking bail in Case Crime No. 402 of 2018, under Sections 308, 325, 323, 504, 506 IPC, Police Station Nigohi, District Shahjahanpur.
Learned counsel for the applicant has submitted that the general role of assault has been assigned to as many as four persons due to which three persons have received injuries, namely, Neeraj, Dharmendra and Govind.
Learned counsel for the applicant has next drawn the attention of this Court to the x-ray report of the victim, according to which Dharmendra has suffered an injury on his head causing fracture of skull bone. However so far as the x-ray reports of other injured persons are concerned, no bony injuries are seen and they are not dangerous to life. Learned counsel for the applicant has next submitted that the author of the injury, due to which Dharmendra has suffered fracture, has not been specified.
Learned counsel for the applicant has next submitted that the applicant is in jail since 09.10.2018 and in case, he is released on bail, he will not misuse the privilege of bail and will co-operate in the trial by all means. The criminal history of the applicant has been explained in the paragraph 21 of the affidavit. 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 has opposed the prayer for bail but could not dispute the fact that the author of the injury caused to Dharmendra has not been assigned and the fact that the applicant is in jail since 09.10.2018.
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 Meghnath 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 :- 28.11.2018 Ashok Gupta