Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48263 of 2018 Applicant :- Shanu Pathan Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned counsel for the applicant has filed supplementary affidavit today in the Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Shanu Pathan seeking bail in Case Crime No. 336 of 2018, under Sections 147, 148, 149, 307, 506, 120-B IPC, Police Station 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 eleven injuries but the X-Ray report of the injury report shows that no abnormality has been detected and the injuries cannot 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.16 of the affidavit and paragraph no.3 of the supplementary affidavit and the applicant is in jail since 26.07.2018 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.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant is in jail since 26.07.2018.
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 Shanu Pathan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned and one surety shall be family member of the applicant, 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.
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 :- 19.12.2018 Nadim