Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49075 of 2018 Applicant :- Rishipal And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar 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- Rishipal and Sonu seeks bail in Case Crime No. 862 of 2018., under Sections 323, 325, 506, 308 IPC, P.S. Kasganj, District- Kasganj.
Learned counsel for the applicants has submitted that even according to the prosecution own case, the applicants is said to be armed with tamancha and Sonu armed with knife, Ravi armed with iron rod and Rinku also armed with knife and they are said to have assaulted Amreek From the perusal of injury report of Amreek, it is evident that he suffered five lacerated wounds and one traumatic swelling. Learned counsel for the applicants has next drawn the attention of the Court towards the statement of the victim under Section 161 Cr.P.C., in which he has stated that only Ravi was armed with iron rod and others were not armed with any weapon and the injury has been caused by sariya, which has been specifically assigned to Ravi. Lastly, it is submitted that applicants are in jail since 15.9.2018 and in case they are 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 15.9.2018 and the injured has not specified any weapon to the applicants.
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 Rishipal and Sonu 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 applicant 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 :- 20.12.2018 KU