Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40225 of 2018 Applicant :- Pankaj Alias Tinku Opposite Party :- State Of U.P.
Counsel for Applicant :- Saksham Srivastava,Akhilesh Srivastava Counsel for Opposite Party :- G.A.,Sanjay Kumar Dubey
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to some ulterior motive. He further submits that it is a cross case in which the four persons of the applicant's side are injured. In the informant's case the conviction order has been passed against the two persons of the applicant's side under Section 326 I.P.C. It has further been contended that applicant has been implicated due to personal vengeance and the injuries inflicted is simple in nature and all the injuries are fabricated and manufactured. General role of acid throwing has been made against the applicant. There is no criminal history against the applicant. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 7.9.2018.
Learned A.G.A. opposed the bail prayer.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Pankaj Alias Tinku involved in Complaint Case No. 297 of 2013, under Sections 323, 326 I.P.C., P.S. Sadabad, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2019 A. Pt. Singh