Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48936 of 2018 Applicant :- Munnu @ Mannu Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Munnu @ Mannu seeks bail in Case Crime No. 698 of 2018, under Sections 147, 148, 308, 323, 504, 506 IPC, P.S. Rohaniya, District- Varanasi.
Learned counsel for the applicant has submitted that in respect of the incident, FIRs have been lodged from both the sides and both the sides have received injuries. From the side of the applicant, four persons have received injuries, whereas from the side of the first informant, six persons have received injuries. Learned counsel for the applicant has next submitted that who, out of the two rival groups, was the aggressor, cannot be determined at this stage. Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 6.11.2018 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.
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 6.11.2018.
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 applicant Munnu @ Mannu 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 :- 19.12.2018 KU