Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40872 of 2018 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Maohammd Nadeem,Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard Sri Mohammad Nadeem, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that said F.I.R. was lodged against four persons including applicant in retaliation of N.C.R. which was lodged by mother of the applicant. It is a cross case in which both sides have received injuries and at this stage it cannot be said as to who was aggressors and the incident had taken place at the spur of the moment. Further submission is that applicant who is in jail since 24.8.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicant Ravi be released on bail in Case Crime No.
309 of 2018, under Sections 308, 323 and 504 I.P.C., P.S. Chhibramau, district-Kannauj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/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 :- 26.10.2018 Faridul