Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48847 of 2018 Applicant :- Shamshad Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava 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 Shamshad Khan seeking bail in Case Crime No. 336 of 2018, under Sections 147, 148, 149, 307,506,120-B IPC, P.S.Tirwa, District Kannauj.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that even according to the prosecution own case general role of assault has been assigned to as many as 13 persons, who had assaulted the victim by lathi, danda, rod and butt of the gun, due to which, he suffered injuries.
Learned counsel for the applicant has next drawn the attention of the Court to the injury report of the victim and as per the injury report, he has suffered elven injuries but the X-ray report of the injury report shows that no abnormality has been detected and the injuries can not be said to be dangerous to life.
Learned counsel for the applicant has next submitted that the criminal history of the applicant has been explained in paragraph no. 2 of the Supplementary affidavit and the applicant is in jail since 13.8.2018 and in case, he is released on bail, he 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 applicant fleeing away from judicial process or tampering with the witnesses.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 13.8.2018.
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 applicant has made out a case for bail.
Let the applicant Shamshad Khan 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