Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42680 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Rahul seeking bail in Case Crime No. 92 of 2018, under Sections 147, 148, 149, 452, 323, 504, 506, 308, 325 IPC, Police Station Mantola, District Agra.
Learned counsel for the applicant has submitted that even according to the prosecution own case, as many as five persons are assigned the role of assault by lathi and danda causing injuries to three persons, namely, Naresh, Hari Swaroop and Vartika. From the perusal of the injury report of Naresh, it is evident that he has received injuries on his head causing fracture of parietal bone, whereas as per the X-Ray report of Hari Swaroop, there is a fracture of radius bone and fifth metacarpal bone of his right hand. The injuries of Vartika are said to be simple in nature. The author of the injuries caused to Naresh has not been specifically assigned. The injuries of other two injured are not dangerous to life.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and he is in jail since 25.09.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant has no criminal history to his credit and he is in jail since 25.09.2018.
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 applicant has made out a case for bail.
Let the applicant Rahul 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 :- 27.11.2018/Nadim