Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of learned counsel for the applicant is that the FIR of the alleged incident was lodged against 3 persons including the applicant. In FIR it has been mentioned that applicant and other co-accused committed marpit with the informant and threw boiled water upon the informant. There is general allegation against the applicant. No specific role has been assigned to him. As per injury report 30% burn has been found to the injured. In fact, the applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 13.12.2018.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Ratan Modanwal involved in Case Crime No. 1799 of 2017, under section 326B, 323, 504 IPC, P.S. Saidpur, District Ghazipur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.1.2019 Masarrat