Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7445 of 2018 Applicant :- Sanjay Kumar Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Girdhar Prasad Tripathi,Rajesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Rajendra Kumar Dwivedi, Rinku Chandel, Sumit Dwivedi, Dileep Kumar Nishad, Sanjay Kumar Gupta, Vinay Dhobi and some unknown persons alleging that on 26.09.2017 they assaulted the wife and daughter (Rashmi) of Rajendra and they have received injury.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; general role has been assigned against all the accused persons; there is no injury of firearm on the body of any of the injured; the co-accused Rinkoo Chandel and Rajendra Kumar Dwivdedi have already been enlarged on bail by Co-ordinate Bench of this Court; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 16.01.2018 (more than one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Sanjay Kumar Gupta involved in the Case Crime No. 323 of 2017, under Sections 147, 148, 149, 323, 504, 506, 452, 307 I.P.C. and 7 Criminal Law Amendment Act, P.S. Kotwali Hamirpur, District Hamirpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2018/A. Tripathi