Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27800 of 2018 Applicant :- Nesar Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Bhushan Prasad Shrivastava,Charlie Prakash,Kamal Krishna Roy Counsel for Opposite Party :- G.A.,Naveen Srivastava
Hon'ble Vivek Kumar Singh,J.
Counter, rejoinder affidavits, as well as Supplementary affidavit filed in the Court today are taken on record.
Heard Sri learned counsel for the applicant, Sri Naveen Srivastava, learned counsel for the informant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that it is a cross case in which both sides have received injuries and at this stage it is difficult to ascertain as to which party is the aggressor and the incident had taken place at the spur of the moment. He further submitted that the applicant is aged about 65 years and has no criminal antecedents to his credit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 28.2.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Nesar be released on bail in Case Crime No. 232 of 2017, under Sections 147, 148, 149, 307, 323, 504 and 324 I.P.C., P.S. Mohammdabad Gohna, district-Mau on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 10.9.2018 Faridul