Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7092 of 2018 Applicant :- Sarvendra Vikram Singh @ Deepu Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Kumar,Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the applicants is permitted to make necessary correction in the prayer as well as top of first page of the bail application.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four accused persons, namely, Subham Saini, Pankaj Kushwaha, Ashu Tiwari, Sachin Kesharwani and 10 to 12 unknown persons; alleging that on 22.11.2017 they assaulted the injured, namely, Akur Bhadauriya by kicks and fists and with iron rod, danda who has received injuries i.e. simple in nature.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Applicant was not named in the F.I.R. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature. Injuries are not dangerous to life. Applicant has no criminal history. There is no independent witness. He is languishing in jail since 28.11.2017 (more than two and half month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Himanshu Awasthi has been granted bail by this Court on 8.2.2018 vide Criminal Misc. Bail Application No. 4701 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 Sarvendra Vikram Singh @ Deepu involved in Case Crime No. 1068 of 2017, under Sections 147, 323, 307 IPC and Section 7 Criminal Law Amendment Act, P.S. Naubasta, District Kanpur Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 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 :- 23.2.2018 A. Singh