Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45771 of 2018 Applicant :- Rajveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Rajveer seeks bail in Case Crime No. 494 of 2018, under Sections 452, 308, 323, 504, 506, 325 IPC, P.S. Khair, District- Aligarh.
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 four persons by iron rod, due to which the applicant is said to have received one injury on his head and other injuries are complaint of pain. Learned counsel for the applicant has next submitted that the C.T. Scan report of the head injury shows linear fracture of mastoid temporal bone and posterior wall of mandibular fossa, Thus author of the aforesaid grievous injury has not been specified. Lastly, it is submitted that applicant is languishing in jail since 10.9.2018 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 that head injury, which is grievous in nature, has not been specifically assigned to any of the four accused and that the applicant is in jail since 10.9.2018.
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 Rajveer 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