Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15531 of 2018 Applicant :- Sanjeev Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ghan Shyam Das Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Counter affidavit filed today by the State is taken on record.
Heard learned counsel for the applicant and learned AGA for the State-respondents.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.519 of 2017, under Sections 147, 148, 149, 323, 452, 504, 506, 308 IPC, Police Station Kishni, District Mainpuri.
According to the prosecution case the FIR was lodged against Neeraj, Pradeep Kumar, Sanjeev, Gaurav, Yaduveer @ Sammi, Jaduveer @ MP alleging that on 17.10.2017 they assaulted the injured Kanti Devi, Sukhvilas, Saroj and Bhanu Pratap Singh; injured Kanti Devi has received injury on her head and her frontal bone was found fractured, the injury was caused by the co-accused Sanjeev.
Learned counsel for the applicants 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; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further stated that there is allegation of using firearm by the applicant but as per the medical report no firearm injury was found. It is further submitted that the co-accused Pradeep Kumar in Criminal Misc. Bail Application No.10635 of 2018 decided on 21.3.2018, Gaurav and Jaduveer @ M.P. in Criminal Misc. Bail Application No.5877 of 2018 decided on 19.2.2018 have already been enlarged on bail by this Court. It has also been submitted that the applicant is languishing in jail since 25.8.2016. The applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail but could not dispute this fact that applicant has no criminal history.
State has filed counter affidavit but nothing was found in the counter affidavit, which may prevent this Court to grant bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Sanjeev Kumar involved in Case Crime No.Case Crime No.519 of 2017, under Sections 147, 148, 149, 323, 452, 504, 506, 308 IPC, Police Station Kishni, District Mainpuri be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicant shall not tamper with the prosecution evidence;
(ii) The applicant shall not threaten or harras 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 accuse, 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 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 :- 26.7.2018 Junaid