Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49037 of 2018 Applicant :- Rajjo Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey 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- Rajjo seeks bail in Case Crime No. 721 of 2018, under Sections 452, 307, 436, 427 IPC, P.S. Farah, District- Mathura.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of the Court towards the statement of the victim under Section 161 Cr.P.C. in which she has stated that applicant alongwith one Prahlad entered in her house by scaling the wall and had assaulted her with kicks and fists and had dashed her head against the wall and tried to set her on fire and after locking the door fled away. Learned counsel for the applicant has next drawn the attention of the Court to the injury report of the victim and as per injury report, there is mild head injury with scalp laceration, which cannot be said to be dangerous to life. Lastly, it is submitted that applicant is in jail since 21.11.2018 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. The applicant has no criminal history to his credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 21.11.2018 and the injury suffered by the victim cannot be said to be dangerous to life.
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 Rajjo 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 :- 20.12.2018 KU