Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47674 of 2018 Applicant :- Nadul Kumar Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramakant Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Nadul Kumar Rajbhar seeking bail in Case Crime No. 257 of 2018, under Sections 109, 114, 116, 117, 147, 148, 149, 307, 332, 333, 336, 337, 338, 341, 342, 353, 436, 452, 504 IPC and Section 7 of Criminal Law Amendment Act and Sections 4, 5 of Prevention of Public Property Act, Police Station Haldharpur, District Mau.
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 in the present incident, 12 known and 400-500 unknown persons are alleged to have resorted to pelting of stones and firing upon the police personnel, however, nobody has received any firearm injury and simple injuries have been caused to the police personnel due to pelting of stones by a large number of persons.
Learned counsel for the applicant has next submitted that the applicant has not been specified any specific role.
Learned counsel for the applicant has next submitted that the applicant has no previous criminal history to his credit. Apart from the said case, the applicant has subsequently been involved in other criminal cases. The applicant is in jail since 29.09.2018 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 is in jail since 29.09.2018.
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 Nadul Kumar Rajbhar 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 :- 21.12.2018 Nadim