Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48325 of 2018 Applicant :- Panmati Opposite Party :- State Of U.P.
Counsel for Applicant :- Budhi Sagar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Panmati seeking bail in Case Crime No. 444 of 2017, under Sections 147, 323, 504, 308, 325 I.P.C., P.S.
Bansgaon, District Gorakhpur.
Learned counsel for the applicant has submitted that according to the first information report, as many as five persons are said to have assaulted the victim Ramkishun however, when Jhinku and Gangotri wife of Ramkishun reached there to rescue the victim, then Jinkhu is said to have been assaulted by all of them and co-accused Mulayam assaulted victim Gangotri on her head by a phawra causing grievous injuries. Learned counsel for the applicant has next drawn the attention of the Court to the injuries of Ramkishun and Jhinku which are simple in nature. The case of Mulayam is distinguishable from that of two accused persons.
Learned counsel for the applicant has further submitted that the applicant is in jail since 11.09.2018 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. He has next pointed out that the applicant has no criminal history to his credit.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the fact that the role of assaulting Ramakishun and Jhinku has been assigned to applicant whose injuries are simple in nature and that the applicant is in jail since 11.09.2018.
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 applicants have made out a case for bail.
Let the applicant Panmati be released on bail in the aforesaid case crime number on her furnishing personal bonds 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 her 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 :- 18.12.2018 Md Faisal