Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7309 of 2018 Applicant :- Rajkumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
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 on 22.2.2017 against four accused persons, namely, Muralidhar, Ramesh, Manoj and Rajkumar; alleging that on 18.2.2017 they assaulted Arjun Prasad and Satish Prasad with lathi-danda and sharp-edged weapon, they received injuries.
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 the applicant. Offence under Section 308 IPC is not made out against the applicant. Injuries are not dangerous to life. He is languishing in jail since 13.9.2017 (more than five month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Main role of causing injuries is assigned to co-accused Ramesh who has already been granted bail by co-ordinate Bench of this Court on 20.9.2017 vide Criminal Misc. Bail Application No. 29836 of 2017; since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail.
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 applicant has no criminal history.
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 Rajkumar involved in Case Crime No. 82 of 2017, under Sections 323, 504, 506, 308 IPC, Police Station Khadda, District Kushinagar 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 :- 26.2.2018//A. Singh