Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6235 of 2018 Applicant :- Rajeev Khari Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against two accused persons, namely, Rajeev Khari, Subham Singh Sindai and one unknown person; alleging that on 8.12.2017 they assaulted Mayank with sharp-edged weapon and butt, re received injury on his head but not dangerous to life.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against all accused persons. Offence u/s 307 is not made out against the applicant. Injuries found on the body of the injured are not dangerous to life. There is no independent witness. Criminal history of the applicant has been properly explained. He is languishing in jail since 13.12.2017 (more than two month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history of the applicant has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rajeev Khari involved in Case Crime No. 822 of 2017, under Sections 147, 148, 149, 307, 427 IPC, Police Station Medical, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.2.2018 A. Singh