Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5010 of 2019 Applicant :- Mohar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.,Divanshu Tiwar,Mithlesh Kumar Shukla
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State as well as Sri Mithlesh Kumar Shukla, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Mohar Singh seeking bail in Case Crime No. 127 of 2018, under Sections 323, 504, 324, 325, 506, 308 IPC, Police Station Thathiya, District Kannauj.
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 in respect of the incident, reports have been lodged from both the sides and both the sides have suffered injuries. From the side of the applicant, two persons have suffered injuries, whereas from the side of the first informant, three persons have suffered injuries.
Learned counsel for the applicant has next submitted that who, out of the two rival groups, is the aggressor cannot be determined at this stage.
Learned counsel for the applicant has next submitted that the criminal history of the applicant has been explained in para 3 of the supplementary affidavit and that the applicant is in jail since 02.01.2019 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.
Per contra, learned AGA for the State as well as Sri Mithlesh Kumar Shukla, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 02.01.2019.
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 Mohar Singh 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 :- 25.2.2019 Nadim