Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3880 of 2019 Applicant :- Rajesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Phool Singh Yadav,Krishna Chandra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
While decribing various facets of the incident, it has been claimed that the incident originated from filing of an N.C.R., which later on was converted inter-alia under Section - 308 I.P.C. The point urged is that there is no specific role assigned to any person as to who caused the specific injury to the injured resulting into fracture on the head of the injured. The applicant cannot be said to have caused any injury. The allegations are vague and are not applicable to the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 4.1.2019.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Rajesh Kumar involved in Case Crime No. 03 of 2018, under Sections - 323, 504, 308, 325 I.P.C., Police Station - Ghazipur, District - Fatehpur 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 S Rawat