Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23664 of 2019 Applicant :- Ram Prasad And 4 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivendra Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicants Ram Prasad, Ashok, Nandu, Suresh and Govinda have prayed to release them on bail in Case Crime No. 176 of 2018, u/s 147, 148, 149, 323, 504, 506, 325 and 308 I.P.C., P.S. Kasimabad District Ghazipur.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
Learned counsel for the applicants has argued that the applicants are innocent and they have been falsely implicated in this very case crime, which was a cross case of Case Crime No.175 of 2018. Fourteen persons have been named for commission of above occurrence in which only injured Avind Rajbhar has suffered fracture on parietal bone in the form of minor. No specific role has been assigned to any of the accused persons. In cross case Guddi is informant. Five persons are injured in the present case, whereas six persons were injured in the cross case. Who was aggressor is a question of trial. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application Having heard counsel for both the parties and gone through the materials placed on record it is apparent that both sides have suffered injuries and no specific role has been assigned to any of the accused persons. Neither assignment of grievous injury to any specific accused person has been made nor there is any criminal antecedent against the applicants. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, a case for bail is there.
Let the applicants Ram Prasad, Ashok, Nandu, Suresh and Govinda involved in above mentioned case crime number be released on bail on their executing personal bond and two reliable sureties each of them in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 6.6.2019 Pcl