Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10738 of 2017 Applicant :- Naresh Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Supplementary affidavit filed by the learned counsel for the applicant today is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant- Naresh seeks bail in Case Crime No. 43 of 2017 under Sections 307/452/323/504/506 IPC, Police Station Kakod, District Bulandshahr, during the pendency of trial.
It is submitted by the learned counsel for the applicant that the applicant is said to have caused injury with knife to the complainant's brother, Rahul in respect of which first information report was lodged against the applicant and two other persons on 11.01.2017. Submission of the learned counsel for the applicant is that the applicant is absolutely innocent and has been falsely implicated in the present case due to previous enmity and ill will assigning specific role to the co-accused, Sanjay for causing serious injury with danda to the complainant's father who is said to have sustained serious injuries over his shoulder and ear while the applicant is said to have caused injury with knife. The medical report of the injured persons do not corroborate with the prosecution case. There is great inconsistency in the statement of the injured and witnesses with the prosecution case. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is languishing in jail since 14.01.2017 having no criminal history to his credit deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the applicant had assaulted the complainant's brother with knife who has sustained cut injuries. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail by pressurizing or intimidating the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Naresh involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Siddhant