Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45400 of 2018 Applicant :- Raj Kumar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Raj Kumar and Ved Prakash seeking bail in Case Crime No. 228 of 2018, under Sections 326, 120-B IPC, Police Station B.B. Nagar, District Bulandshaher.
Learned counsel for the applicants has submitted that the allegation made in the FIR is to the extent that shut down for repairing of the electricity was taken and the victim Amit Kumar was repairing the fault, however, the co-accused Virendra resumed the electricity supply, due to which, victim fell down and received serious injuries.
Learned counsel for the applicants has next submitted that no overt act has been assigned to the applicant in resuming the electricity and the case of the applicants is distinguishable from the case of Virendra.
Learned counsel for the applicants has next submitted that the applicants are in jail since 13.10.2018 and in case, they are released on bail, they 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 applicants 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 the fact that the electric line has been resumed by the co-accused Virendra and the applicants are in jail since 13.10.2018.
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 applicants have made out a case for bail.
Let the applicant Raj Kumar and Ved Prakash be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 30.11.2018 Nadim