Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45801 of 2018 Applicant :- Rajesh @ Raje Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Rajesh @ Raje seeks bail in Case Crime No. 851 of 2018, under Sections 147, 148, 149, 307, 504, 506 IPC, P.S. Kotwali, District- Mainpuri.
Learned counsel for the applicant has submitted that according to the first information report, general role of assault has been assigned to as many as six persons by opening indiscriminate fire upon her and her husband, however, they did not receive any injury. It is further stated that due to firing made by Rajesh, her husband Girish Yadav has received injuries. According to the injury report, Girish Yadav has received stray pellets two injuries on his left upper arm, which was advised for X-ray. As per X-ray report, no bony injury has been found and both the injuries are found to be simple in nature. Lastly, it is submitted that applicant is in jail since 17.9.2018 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.
Learned AGA has opposed the prayer for bail, but could not dispute the fact the injuries are not dangerous to life and the applicant is in jail since 17.9.2018.
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 applicant Rajesh @ Raje 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 :- 30.11.2018 KU