Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8082 of 2018 Applicant :- Shiv Darshan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Shiv Kumar, Rajkumar Devraj, Shiv Darshan and Vikas Kumar alleging that on 10.11.2017 at about 8:30 they assaulted the injured Surendra, Phunnilal, Babulal and they have received injuries; injured Babulal has received one head injury.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case; there is no independent witness against the applicants; except one injury all other injuries of the injured are simple in nature, not dangerous to life; general role has been assigned against all the accused persons; there is cross case, N.C.R. No. 0484 of 2017 was lodged against Shiv Darshan, Babulal, Virendra, Surendra and Kamal; the incident took place at the spur of moment persons of both sides have received injuries; in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial; they are in jail since 23.12.2017 (more than two months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicants Shiv Darshan and Vikas Kumar involved in the Case Crime No. 1018 of 2017, under Sections 147, 308, 323, 506, 504 & 352 I.P.C., P.S. Karwi, District Chitrakoot be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission, of which applicants are suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicants from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018//A. Singh