Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11335 of 2018 Applicant :- Pratap Opposite Party :- State Of U.P.
Counsel for Applicant :- Shobhit Pathak,Ajay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Vishal Singh, Advocate, appearing on behalf of counsel for the complainant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 18.11.2017 against eight accused persons, namely, Pratap, Rohtash, Om Prakash, Kuwarpal, Suneel, Anil, Hariom and Popy alleging that on 14.11.2017 they assaulted the injured Amar Singh, Sohanlal and Khusiram with lathi- danda and tabal and injured Khusiram has received one head injury and fracture was found.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; general role has been assigned against all the accused persons; the co-accused Suneel, Anil and Om Prakash have already been enlarged on bail by this Court copy of which has been taken on record; the role of the applicant is identical to that of the co-accused who has already been enlarged on bail; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 04.01.2018 (more than two and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against the applicant, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
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 applicant Pratap involved in the Case Crime No. 622 of 2017, under Sections 147, 148, 149, 323, 324, 307, 325, 504 and 506 I.P.C., P.S.
Mundapandey, District Moradabad 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 applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 28.3.2018 A. Tripathi