Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48351 of 2018 Applicant :- Seva Ram And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Ojha Counsel for Opposite Party :- G.A.,Rajnish Kumar Pandey,Santosh Kumar Pandey
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State as well as Sri Rajnish Kumar Pandey, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicants Seva Ram, Chhote Lal and Suresh seeking bail in Case Crime No. 38 of 2017, under Sections 308, 323, 504 IPC, Police Station Bisharatganj, District Bareilly.
Learned counsel for the applicants has submitted that according to the prosecution own case, the applicants along with one Mewa Ram is said to have assaulted the victim, due to which, Mahendra Pal and Vijendra Pal are said to have suffered injuries on their person.
Learned counsel for the applicants has next submitted that in the statement of the victim Mahendra Pal, role of assaulting him has been specifically assigned to Mewa Ram, due to which, he has suffered head injury and as per the injury report of other injured Vijendra Pal, he has only suffered abrasion on his person, which is noted to be simple in nature.
Learned counsel for the applicants has next submitted that the case of the applicants is distinguishable from the case of Mewa Ram.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 28.11.2018 and in case, they are released on bail, they 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 applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State as well as Sri Rajnish Kumar Pandey, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants have no criminal history to their credit and they are in jail since 28.11.2018.
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 applicants have made out a case for bail.
Let the applicants Seva Ram, Chhote Lal and Suresh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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.
The Trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible, preferably within a period of six months from the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 20.12.2018 Nadim