Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2776 of 2019 Applicant :- Pankaj Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Pankaj seeking bail in Case Crime No. 91 of 2018, under Sections 147, 148, 149, 307, 323, 452, 324, 504, 506 IPC, P.S.Vishungarh, District Kannauj.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that even according to the prosecution own case, the applicant is said to have assaulted the victim Jayveer Singh by sword due to which he suffered two injuries one on his head and other on his left hand which were advised for X-ray. However, no supplementary injury report is available on record. Learned counsel for the applicant has next submitted that the injuries found on the person of the victim alleged to have been caused by the applicant is not dangerous to life. Learned counsel for the applicant has next submitted that even from side of the applicant F.I.R. has also been lodged in which the first informant side is said to have assaulted them in which the applicant alongwith Ram Das is said to have suffered injuries and Ram Das later on has succumbed to his injuries and F.I.R. has been lodged by one Dharm Pal Singh against sons of the first informant.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 20.12.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 the applicant Pankaj 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 :- 21.1.2019 R