Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4259 of 2019 Applicant :- Monu Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rana 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 Monu seeking bail in Case Crime No. 671 of 2018, under Sections 147, 148, 149, 308, 323 IPC, Police Station Najibabad, District Bijnor.
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, as many as 14 persons are said to have assaulted the victims, due to which, they have suffered injuries on their persons.
Learned counsel for the applicant has next drawn the attention of the Court towards the injury reports of the victims Brij Mohan, Arjun and Roshan, however, their injuries are found to be simple in nature, whereas other injured Chhatrapal has suffered fracture injury of left frontal bone and roof of left orbit and haematoma, however, author of the said injury has not been specified.
Learned counsel for the applicant has next submitted that no specific role of assaulting the victim has been assigned to the applicant and only general role of assault has been assigned with the co-accused persons.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 14.12.2018 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 has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 14.12.2018.
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 Monu 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 :- 30.1.2019 Nadim