Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46601 of 2021 Applicant :- Raj Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhriguram Ji,Prabhat Kumar,Sandip Kumar,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A.,Pankaj Kumar Chaube,Rafeek Ahmad Khan
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants-Raj Kumar, Rajendra, Jitendra and Mohit in Case Crime No.212 of 2020, under Sections 308, 323 and 504 I.P.C., Police Station-Kotwali Nagar (Mahoba), District-Mahoba with the prayer to enlarge them on bail.
Submission of the learned counsel for the applicants is that the applicants have been falsely implicated in the present case. It is asserted that there is a cross complaint case having Complaint Case No.1244 of 2020 (Phool Chandra Versus Pragatlal and others) and in that very case one of the accused, Hari Prasad is injured. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 28.09.2021, deserve to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Raj Kumar, Rajendra, Jitendra and Mohit be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.12.2021 MN/-