Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48298 of 2018 Applicant :- Rauf And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Rauf and Asif seeks bail in Case Crime No.
387 of 2018, under Sections 147, 148, 149, 452, 323, 504, 506, 307 IPC, P.S. Tanda, District- Rampur.
Learned counsel for the applicants has submitted that general role of assault has been assigned to as many as seven persons, due to which Nasir and Firoz are said to have received injuries on their persons, however, the injuries of Firoz are on the non vital part and as per X-ray report of Nasir, no bony injury is seen. The author of the said injury has not been specified.Learned counsel for the applicants has next submitted that similarly placed co- accused Shamshad has already been granted bail by this Court in Criminal Misc. Bail Application No. 30388 of 2018 vide order dated 1.10.2018. Lastly, it is submitted that applicants are in jail since 14.11.2018 and in case they is released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. The applicants have no criminal history to their credit.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and that the applicants are in jail since 14.11.2018.
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 applicants Rauf and Asif be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance are 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 :- 18.12.2018 Md Faisal