Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7393 of 2018 Applicant :- Ravi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Jee Saxena,Raghuvansh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 9.8.2017 against four accused persons, namely, Nanakchand, Jagaveer, Harveer and Ravi; alleging that on 4.8.2017 they assaulted Charan Singh, Amit Soniya, Chandrakali and Mahendra with lathi-danda and tabal, injured Charna Singh received one head injury and frontal bone was found fractured, injured Soniya received one head injury, all injuries received by the injured are simple in nature except one injury of Charan Singh.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against all accused persons. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature except one injury and are not dangerous to life. He is languishing in jail since 7.10.2017 (more than four and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co- accused namely Nanakchand has been granted bail by this Court on 19.2.2018 vide Criminal Misc. Bail Application No. 47469 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ravi involved in Case Crime No. 108 of 2017, under Sections 307, 323, 325, 504, 506 IPC, Police Station Behsuma, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2018 A. Singh