Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39398 of 2018 Applicant :- Ramgopal Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey,Ashok Kumar Singh Bais,Ravi Kant Shukla Counsel for Opposite Party :- G.A.,Ramesh Chandra Srivastava
Hon'ble Vikram Nath,J.
Heard Sri A.K.S. Bais, learned counsel for the applicant and Sri Arunendra Kumar Singh, learned A.G.A. for the State. No one is present on behalf of the complainant although case has been taken up in the revised call and the name of Sri Ramesh Chandra Srivastava is printed in the cause list.
Learned counsel for the applicant submitted that the applicant is in jail since 04.09.2018 and has no criminal antecedents, which fact is disputed by the learned AGA for the State. It is next submitted that general role of assault has been assigned to the 7 named and 10-12 unknown assailants. It is further submitted that a part of the left ear Pinna is said to be missing as per the injury report because of which section 326 IPC has been mentioned in the report. The other injuries are simple in nature on the left foot. On such submissions prayer for bail has been made.
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-Ramgopal, be released on bail in Case Crime No.193 of 2018, under Sections 147, 148, 149, 323, 324, 326 and 506 IPC, Police Station Fatehpur, District Saharanpur on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.4.2019 RPS