Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17592 of 2019 Applicant :- Rakesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Pramod Kumar Dwivedi, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Rakesh with a prayer to enlarge him on bail in Case Crime No.187 of 2018, under Sections 323, 308, 504, 506 I.P.C., Police Station Hasayan, District Hathras.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to village partybandi. It is argued that the FIR has been lodged after an inordinate delay of 33 days without any plausible explanation.
It is argued that as many as four persons have assaulted the victim by lathi-danda due to which victim Jitendra Kumar suffered injuries on his person. Injury no.1 is found on the head of the victim, however in its X-Ray report no abnormality was detected. The other injuries were found to be simple in nature. The statement of the victim was recorded under section 161 Cr.P.C. in which he stated that by assault made by the accused persons he suffered injury in his abdomen, as such he had undergone an operation and discharged from hospital on 06.09.2018. Learned counsel for the applicant next submitted that even in the statement of the victim the author of the said injury on abdomen has not been specified. It is next argued that co-accused Teekam Singh, having identical role, has been granted bail by this Court vide order dated 10.01.2019 passed in Crl. Misc. Bail Application No.47591 of 2018. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 29.01.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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 :- 30.4.2019 Anand Sri./-