Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40851 of 2018 Applicant :- Omendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Yadav Counsel for Opposite Party :- G.A.,S D Dwivedi
Hon'ble Vikram Nath,J.
Rejoinder-affidavit filed today is taken on record.
Heard Sri Shubhash Chandra Yadav, Advocate holding brief of Sri Arvind Yadav, learned counsel for the applicant, Sri G.P. Singh, learned AGA for the State and Sri S.D. Dwivedi, learned counsel appearing for the complainant.
Learned counsel for the applicant submitted that the applicant is in jail since 17th August, 2018. It is further submitted that the criminal antecedents pointed out in the counter affidavit has since been explained in the rejoinder- affidavit. It is next submitted that injury caused to Ashish was not found dangerous to life. All other injured sustained simple injuries. It is next submitted that all the previous six cases against the applicant are of the year 2004-05. It is also submitted that in a case under Section 302 IPC, the applicant has since been granted bail by this Court in Criminal Appeal No.2565 of 2011 vide order dated 24.11.2011. It is also submitted that all the cases are almost 14 years old and there is no criminal antecedents of the applicant in the recent past 13-14 years. It is also submitted that the applicant has been falsely implicated.
On such submissions prayer for bail has been made out.
On the other hand, Sri G.P. Singh, learned AGA for the State, and Sri Dwivedi, learned counsel for the complainant strongly opposed the prayer for grant of bail. It is submitted that applicant has been previously convicted under Section 302 IPC. It is also submitted that specific role of firing has been assigned to the applicant. However, learned counsel for the opposite parties could not show from any document on record either along with the application or in the counter-affidavit that the injury caused was dangerous to life.
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- Omendra, be released on bail in Case Crime No.247 of 2018, under Sections-147, 148, 149, 307, 452, 506 IPC, Police Station- Kalan, district- Shahhahanpur, on furnishing a personal bond and two sureties each of the like amount before the 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 :- 30.4.2019 Ashutosh [Vikram Nath, J.]