Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49080 of 2018 Applicant :- Samiullah @ Bhuwar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Samiullah @ Bhuwar seeking bail in Case Crime No. 447 of 2018, under Sections 147, 148, 149, 307, 323, 427, 504, 506 IPC, Police Station Piparaich, District Gorakhpur.
Learned counsel for the applicant has submitted that according to the prosecution own case, as many as 28 known and 100-150 unknown persons are said to have assaulted the victims Yogendra Singh and Abhishek, due to which, they have suffered injuries. Learned counsel for the applicant has next submitted that perusal of the injury report of Abhishek and Yogendra Singh shows that they have suffered simple injuries, which were also advised for X-Ray, however, as per the X-Ray report, no abnormality has been detected in the injuries of Abhishek and the injury of Yogendra Singh was also advised for CT Scan but as per medical opinion, it is normal scan and no abnormality has been detected. Learned counsel for the applicant has next submitted that general role of assault has been assigned to a large number of persons and no specific role of assault has been assigned to the applicant and even as per the injury report of the victims, injuries are not dangerous to life.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 24.10.2018 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. 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 very large number of persons are said to have assaulted the victims and no specific role has been assigned to the applicant and that the applicant has no criminal history to his credit and he is in jail since 24.10.2018.
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 Samiullah @ Bhuwar 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 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 :- 20.12.2018 KU