Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14155 of 2017 Applicant :- Sachin Opposite Party :- State Of U.P.
Counsel for Applicant :- Tapan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 1363 of 2016 under Section 307 IPC, Police Station Loni, District Ghaziabad during the pendency of trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is said to have caused knife injury upon one, Susheel. The incident is alleged to have taken place 22.11.2016 at 1.00 P.M. in respect of which the FIR was lodged on the same day at 1.15 P.M. and the injured was medically examined at about 1.25 P.M. whereas the distance of the police station from the place of incident was 1 Km. It is further submitted that the Doctor has found incised wound over the neck of the injured and has not opined that the injury is grievous. Prima facie no offence under Section 307 IPC against the applicant is made out as there is no successive blow. The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 24.11.2016 and in case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Sachin involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017/M. Tariq