Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28950 of 2019 Applicant :- Prashant Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Despite time granted on 22.07.2019 counsel for the applicant has not filed counter affidavit.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the applicant is alleged to have caused injuries by axe. Injury nos. 1 and 3 appear to be injuries caused by axe. The doctor has not found injury on the head to be grievous. He has it found to be simple. Injury no. 2 was on the finger of the left hand. Counsel for the applicant has submitted that the applicant is in jail since 24.05.2019 and has no prior criminal history to his credit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Prashant Sharma, be released on bail in Case Crime No. 104 of 2019, under Sections- 308, 325, 323, 504, 506, 452 I.P.C., Police Station- Mehrauni, District- Lalitpur, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.8.2019 Rohit