Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48558 of 2018 Applicant :- Ritesh Srivastva Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A.,Surya Pratap Singh Parmar
Hon'ble Rajiv Gupta,J.
Sri S.P.S. Singh Parmar, Advocate has filed vakalatnama on behalf of first informant, which is taken on record.
Heard learned counsel for applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ritesh Srivastva seeking bail in Case Crime No. 100 of 2018, under Sections 147, 148, 307, 324, 504, 506 IPC, P.S.
Obra, District- Sonebhadra.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that main role of assaulting the victim by katar has been specifically assigned to co-accused Amresh, due to which the victim has suffered grievous injuries. Learned counsel for the applicant has submitted that only general role of assault by kicks and fists has been assigned to as many as six persons, however there is no corresponding injury. No specific role has been assigned to the applicant. Lastly, it is submitted that the applicant is in jail since 29.10.2018 and in case he is released on bail he will not misuse the liberty of bail and will cooperate in the trial by all means. The applicant has no criminal history to his credit.
Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that applicant is in jail since 29.10.2018 and no specific role has been assigned to the applicant.
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 the applicant Ritesh Srivastva be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable heavy sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is 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.
The trial court is directed to expedite t he trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 18.12.2018 KU