Supplementary affidavit filed on behalf of the applicants is taken on record.
Heard, learned counsel for the applicants, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicants in Case Crime No.37 of 2019 under Sections 147, 323, 504, 506 and 307 I.P.C, Police Station-Mahruwa, District-Ambedkar Nagar, with the prayer to enlarge them on bail.
The submissions of learned counsel for the applicants are that the applicants are innocent person and have been falsely implicated in the case, they are having no previous criminal history and in jail since 26.02.2019. Learned counsel for the applicants has further submitted that general role of assault to all accused persons has been assigned in the FIR as well as in the statement of the injured and the investigation is still in progress. The case of the applicants is similar to co-accused Savitri who has been enlarged on bail by this Court, vide order dated 02.05.2019 passed in Criminal Misc. Bail Application No.4515 of 2019, in these circumstances, the applicants are also entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused has already been granted bail.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants namely Mukund @ Rajmani and Raj Kumar @ Photu be released on bail in Case Crime No.37 of 2019 under Sections 147, 323, 504, 506 and 307 I.P.C, Police Station-Mahruwa, District-Ambedkar Nagar, on their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicants will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicants will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.7.2019 Amit/-