Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6935 of 2018 Applicant :- Narendra And Antoher Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants, Narendra and Durvijay seeking bail in Case Crime No. 535 of 2017, under Sections 147, 148, 149, 302 IPC, P.S. Izzatnagar, District Bareilly.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case. Both applicants are alleged to have assaulted the deceased Shyam Babu by lathi whereas the co-accused Than Singh is said to have assaulted the victim by Ballam. From perusal of the post mortem report, it is apparent that there is only one incised wound on the back and linear abrasion on the left upper arm and no injury appears to have been caused by lathi. The applicants have no criminal antecedent. The applicants are in jail since 20.7.2017.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 applicants Narendra and Durvijay be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants 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 :- 23.2.2018 R