Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9610 of 2018 Applicant :- Sakib Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
Applicant-Sakib seeks bail in Case Crime No. 203 of 2017 under Sections 307, 324 IPC Police Station Lisari Gate District Meerut during the pendency of trial.
As per the FIR, on 20.02.2017 on account of some heated discussion during the game of carom, the applicant attacked Mohsin with sharp edged weapon (churi) causing him injury in his chest. A 2 cm.x 1 cm of incised wound with clear margins was observed by the doctor on the chest of the injured-Mohsin.
As per medical report, the depth of the said injury was continued up to thoracic cavity.
It is submitted by learned counsel for the applicant that applicant is innocent and he has no intention to kill Mohsin. It is next submitted that the age of the applicant is nearly 17 years and he has no criminal history. The applicant is languishing in jail since 03.03.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the age of the applicant, nature of injury, period of detention and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Sakib involved in the 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 :- 28.3.2018 Sumit S