Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3944 of 2019 Applicant :- Sabhajeet @ Gorakh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jawahar Lal Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Jawahar Lal Yadav, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Sabhajeet @ Gorakh in Case Crime No.56 of 2016, under Sections 323, 504, 506 and 308 I.P.C., Police Station Gambhirpur, District-Azamgarh with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that general role of assault has been attributed to the applicant and three others. Initially, an NCR was lodged under Sections 323, 504 and 506 I.P.C. As underneath one of the injuries on head fracture was detected, therefore, Section 308 I.P.C. was added. It is argued that it is not made clear as to who was the author of injury underneath which fracture was detected. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.12.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Sabhajeet @ Gorakh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019 MN/-