Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45210 of 2018 Applicant :- Ratan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anwar Mehdi Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ratan Singh seeking bail in Case Crime No. 536 of 2018, under Sections 307, 504, 506 IPC, Police Station Chandpur, District Bijnor.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that according to the FIR, as many as four persons are said to have opened fire upon first informant and Ravindra Kumar, however, Ravindra has received only one injury on his cheek.
Learned counsel for the applicant has next submitted that no supplementary injury report has been submitted, as such, the said injury cannot be said to be dangerous to life.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and he is in jail since 03.08.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant has no criminal history to his credit and he is in jail since 03.08.2018.
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 the applicant Ratan Singh 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 :- 28.11.2018 Nadim