Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7580 of 2018 Applicant :- Pappu And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against seven accused persons including the applicant, namely, Dhiresh, Pappu, Kishanpal, Veeram Singh, Ram Niwas, Sanju and Dev Singh alleging that on 24.03.2016 they assaulted the injured Satyaveer and Neelam with lathi- danda and they have received injuries, the injured Neelam has received injury on her head and fractured was found; all other injuries of the injured are simple in nature.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case; there is cross crime no. 200 of 2016 including Section 308 I.P.C; the incident took place at the spur of moment persons of both sides have received injuries; at this stage it is not possible to decide who is aggressor; there is no independent witness against the applicants; except one injury all other injuries of the injured are simple in nature, not dangerous to life; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are in jail since 08.01.2018 (more than one and half months) having no criminal history. Co-accused namely Dheeresh has been granted bail by this Court on 22.2.2018 vide Criminal Misc. Bail Application No. 6978 of 2018, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail and admitted that applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicants Pappu, Kishan Pal and Dev Singh involved in the Case Crime No. 83 of 2016, under Sections 147, 323, 324, 506, 308 I.P.C., P.S. Sidhpura, District Kasganj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018 A. Singh