Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48951 of 2018 Applicant :- Narveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Kashyap 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- Narveer seeks bail in Case Crime No. 471 of 2018, under Sections 308, 323, 325 504 IPC, P.S. Bilsanda, District- Pilibheet.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next submitted that in respect of the incident, reports from both the sides have been lodged and both the sides have received injuries on their persons, From the side of applicant, three persons have received injuries whereas from the side of informant four persons have suffered injuries. Learned counsel for the applicant has next submitted that who, out of the two rival groups, was the aggressor, can not be determined at this stage. Lastly, it is submitted that applicant is in jail since 12.10.2018 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. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that reports have been lodged from both the sides and both sides have received injuries.
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 Narveer 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