Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7486 of 2018 Applicant :- Ravindra Opposite Party :- State Of U.P.
Counsel for Applicant :- Bibhuti Narayan Singh 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 against six accused persons, namely, Ramnath, Sunil, Smt. Renu, wife of Ramnath, Jagdish, Ravindra, alleging that on 13.9.2016 they assaulted Ramchandra Yadav, Umesh, Udaibhan and Kapildev with lathi-danda and sharp-edged weapon and shot fire at the injured, injured Udaibhan received one head injury and parietal bone was found fractured and other injuries are simple in nature.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offence under Section 308 IPC is not made out against the applicant. Injuries found on the body of the injured are simple in nature except one injury and are not dangerous to life. There is no independent witness. There is no fire-arm injury on the body of injured. There is cross case crime in Case Crime No. 668 of 2016, applicant's side two persons namely Renu and Rajpati have received injuries; the incident took place at the spur of moment. He is languishing in jail since 7.12.2017 (more than two 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.
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 Ravindra involved in Case Crime No. 667 of 2016 as well as S.T. No. 296 of 2017, under Sections 147, 148, 323, 325, 308, 504, 506 IPC, Police Station Kotwali Hata, District Kushinagar 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 :- 27.2.2018 A. Singh