Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41932 of 2018 Applicant :- Rajjan And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Lallan Prasad 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 Rajjan and Sudheesh seeking bail in Case Crime No. 436 of 2013, under Sections 323, 504, 308 I.P.C., P.S. Rasoolabad, District Kanpur Dehat.
Learned counsel for the applicants has submitted that both the parties have lodged the reports and injuries have been caused on both the sides. On the side of the applicant as many as four persons have received injuries and on the side of the informant as many as three persons have received injuries. Learned counsel for the applicants has further submitted that similarly placed co- accused Dilip Kumar and Santosh Kumar have already been granted bail by this Court in Criminal Misc. Bail Application No. 29198 of 2018 vide order dated 03.08.2018.
Learned counsel for the applicants has further submitted that the applicants are in jail since 11.10.2018 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. He has next submitted that the applicants have no criminal history to their credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that similarly placed co- accused have already been granted bail and that the applicants have no criminal history to their credit.
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 applicants Rajjan and Sudheesh be released on bail in the aforesaid case crime number on their furnishing personal bonds 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 :- 31.10.2018 Arun Gangwar