Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7339 of 2018 Applicant :- Nanhe Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against two accused persons, namely, Vishmbar and Nanhe; alleging that on 16.9.2017 they assaulted Chandrapal sharp edged weapon, he received injuries.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Main role of causing injuries is assigned to co-accused Vishmbhar. There is general allegations against the applicant. There is no independent witness. Offence under Section 307 IPC is not made out against the applicant. Injuries are not dangerous to life. He is languishing in jail since 9.11.2017 (more than two and half month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Nanhe involved in Case Crime No. 587 of 2017, under Sections 307, 323, 324, 504 IPC, Police Station Gajraula, District Amroha be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2018//A. Singh