Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44919 of 2018 Applicant :- Sewak And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav,Mandeep Kumar Madhukar Counsel for Opposite Party :- G.A.,Janardan Yadav
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State as well as Sri Janardan Yadav, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicants Sewak and Govind seeking bail in Case Crime No. 479 of 2017, under Sections 147, 148, 308, 452, 323, 504, 506 IPC, Police Station Mubarakpur, District Azamgarh.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that general role of assault has been assigned to as many as seven persons, due to which, four persons Devraj, Santosh, Rakesh and Prem Narayan have received injuries and their injuries have been advised for X-Ray and there is no supplementary injury report of Devraj, Santosh and Rakesh, however, injuries of Prem Narayan has been x-rayed and as per the X-Ray report, he has suffered a fracture of left parietal bone, however, author of the said injury has not been specified.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 23.09.2018 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 Janardan Yadav, 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 23.09.2018.
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 Sewak and Govind 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