Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2783 of 2019 Applicant :- Saleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Saleem seeking bail in Complaint Case No. 1041 of 2016, under Sections 354, 506 IPC, Police Station Asodhar, District Fatehpur.
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 drawn the attention of the Court towards the statement of the victim Ranno Devi under Section 200 CrPC, in which, she has stated that she had gone to ease along with her Jethani, where Saleem and Nafees came and they had thrown her forcibly on the ground, however, she did not receive any injury. Learned counsel for the applicant has next submitted that the applicant is in jail since 20.12.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that no injury has been found on the person of the victim Ranno Devi and that the applicant is in jail since 20.12.2018.
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 Saleem be released on bail in the aforesaid complaint case number on his 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 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.
Order Date :- 21.1.2019 KU