Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48947 of 2018 Applicant :- Nisar Opposite Party :- State Of U.P.
Counsel for Applicant :- M J Akhtar,Amrendu Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned counsel for the applicant is permitted to correct the date of detention in the memo of bail application.
Sri R.K.Paramhans Singh, Advocate has filed vakalatnama on behalf of the first informant, which is taken on record.
Heard Sri M.J. Akhtar, learned counsel for applicant, Sri R.K. Paramhans Singh, learned counsel for the first informant, the learned AGA for the State and perused the record.
Applicant- Nisar seeks bail in Case Crime No. 80 of 2018, under Sections 147, 148, 323, 325, 326, 308, 452, 297, 504 IPC, P.S. Raunapaar, District- Azamgarh.
Learned counsel for the applicant has submitted that even according to the prosecution case, FIR has been lodged against as many as six persons including the applicant alleging that some scuffle had taken place over the parking of vehicles on Kabristan. Thereafter they entered into his house and had assaulted his brother causing injury to him. Learned counsel for the applicant has submitted that similarly placed co-accused Abid and Wahab have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 32116 of 2018 and 30964 of 2018 vide orders dated 12.10.2018 and 4.10.2018. Lastly, it is submitted that applicant is in jail since 30.10.2018 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 aforesaid facts and that similarly placed co-accused has already been granted bail by this Court and applicant has no criminal history to his credit.
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 Nisar 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