Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11216 of 2018 Applicant :- Satyapal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
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 two accused persons, namely, Satyapal and Mahatma (uncle of Satyapal); alleging that on 30.10.2017 they were in drunk condition and assaulted Kamlesh (wife of Satyapal), she received injuries in her private part but not dangerous to life.
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. Prosecutrix Kamlesh has filed an affidavit (annexed at page no. 35) and stated that there is quarrel between husband and wife on 30.10.2017 and both were in drunk condition. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are not dangerous to life. He is languishing in jail since 2.11.2017 (more than four and half month) having no previous criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 Satyapal involved in Case Crime No. 2275 of 2017, under Sections 307, 323, 504, 506 IPC, Police Station Khutar, District Shahjahanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.3.2018 A. Singh