Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47069 of 2018 Applicant :- Mukeshwar Singh @ Bhagat Ji Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State as well as Sri Mayank Yadav, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Mukeshwar Singh @ Bhagat Ji seeking bail in Case Crime No. 360 of 2018, under Section 307 IPC, Police Station Rajpura, District Sambhal.
Learned counsel for the applicant has submitted that even according to the prosecution own case, FIR has been lodged alleging therein that the applicant along with three others tried to grab some land, due to which, there was altercation between the applicant and the informant's side and it is alleged that on account of the said dispute, Rakesh, Ram Kishor, Ramesh and the applicant opened fire, due to which, one Sukhram has received injuries on his left leg. The injuries of Sukhram has been examined and as per the injury report, he has received lacerated wound on his left thigh 19 cm above the knee joint, which was advised for X-Ray and as per the X-Ray report, radio opaque metallic density shadow are seen in soft tissue of thigh and no other bony injury is seen and the said injury has been opined to be simple in nature and the author of the said injury is also not known.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 08.10.2018 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 for the State as well as Sri Mayank Yadav, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that general role of assault has been assigned and no specific role has been assigned to the applicant and that the applicant has no criminal history to his credit and he is in jail since 08.10.2018.
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 Mukeshwar Singh @ Bhagat Ji 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 :- 20.12.2018 Nadim