Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48864 of 2018 Applicant :- Shahrukh @ Kasim Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Shahrukh @ Kasim seeking bail in Case Crime No. 1023 of 2018, under Sections 307,332,353 IPC, P.S. Tajganj, District Agra.
Learned counsel for the applicant has submitted that even according to the prosecution own case, the role assigned to the applicant is that of catching hold whereas the co- accused Vaibhav is said to have fired upon the victim due to which he received injuries. Learned counsel for the applicant has next submitted that no role of causing injuries to the victim has been assigned to the applicant. .
It is lastly submitted that the applicant has no other criminal history to his credit and on the same date the applicant has also been implicated in the case of Arms Act in which he has already been granted bail. The applicant is in jail since 10.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 applicant has made out a case for bail.
Let the applicant Shahrukh @ Kasim be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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.
Order Date :- 19.12.2018 R