Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44797 of 2018 Applicant :- Sandeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Niraj Tiwari,Rohit Tiwari Counsel for Opposite Party :- G.A.,Raghvendra Prakash
Hon'ble Rajiv Gupta,J.
Sri Raghvendra Prakash has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State and Sri Raghvendra Prakash learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Sandeep seeking bail in Case Crime No. 356 of 2013, under Sections 147, 148, 149, 323, 504, 506, 352, 324, 308 IPC, Police Station Bardah District Azamgarh.
Learned counsel for the applicant has submitted that in respect of the incident first information report has been lodged from both the sides and both sides have received injuries. Learned counsel for the applicant next submitted that from the side of the applicant four persons have received injuries whereas from the side of the first informant three persons have received injuries. Learned counsel for the applicant has next submitted that at this stage who, out of the two rival groups, is the aggressor cannot be sifted.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 05.10.2018 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 and Sri Raghvendra Prakash learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the fact that cross cases have been lodged from both the sides and both the sides have received injuries.
Learned counsel for the first informant has next submitted that the applicant has been arrested in pursuance of the N.B.W. as such, conditions may be imposed on him for ensuring his presence.
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 Sandeep be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs. One lac and two reliable sureties (one should be of his family members) 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 :- 28.11.2018 Ashok Gupta