Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22152 of 2019 Applicant :- Mobin Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Dubey,Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Mobin seeking bail in Case Crime No. 273 of 2017, under Sections 307, 342, 506 IPC, Police Station Kharkhauda, District Meerut.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that as per the allegations made in the FIR, general role of assault has been assigned to as many as three persons, however, in the statement of the victim recorded under Section 161 CrPC, role of firing has been assigned to the applicant, due to which, he has suffered injuries on outer side of the left leg. However, X-Ray report shows swelling in the calf with few air pockets but no fracture injury has been caused and the injury cannot be said to be dangerous to life.
Learned counsel for the applicant has next submitted that the applicant is in jail since 20.02.2019 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. The applicant has no criminal history to his credit.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 20.02.2019 and he has no criminal history to his credit.
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 Mobin be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned (one surety shall be family member of the applicant) 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.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 30.5.2019 Nadim