Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44441 of 2018 Applicant :- Mohd. Monish Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.,Shashank Mishra
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 Mohd. Monish seeking bail in Case Crime No. 1353 of 2017, under Sections 147, 148, 149, 307, 323, 504,325,286 IPC,and section 7 C.L.A. Act P.S.Dhoomanganj, District Allahabad.
Learned counsel for the applicant has submitted that even according to the prosecution own case, the applicant is said to have opened fire on the Victim, Tanveer Ahmad which is alleged to have hit him on his right leg. The X-ray report of the said injury shows fracture of medial part of lower end of shaft of Tibia.
Learned counsel for the applicant has further submitted that the said injury is on non-vital part and can not be said to be dangerous to life.
It is lastly submitted that the applicant is in jail since 28.11.2017 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial. The criminal history of the applicant has been explained in para 9 to 14 of the affidavit.
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 Mohd. Monish 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 :- 30.11.2018 R