Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2835 of 2019 Applicant :- Shivratan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Aqeel Ahmad,Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Shivratan and Sarvesh seeks bail in Case Crime No. 183 of 2015, under Sections 147, 148, 149, 308, 325, 323, 504 IPC, P.S. Pawai, District- Azamgarh.
Learned counsel for the applicants has submitted that in respect of an incident, the first information reports have been lodged from both the sides and both the sides have received injuries on their persons. From the side of the applicant, four persons have suffered injuries, whereas from the side of the first informant, three persons have suffered injuries on their persons. Learned counsel for the applicants has next submitted that who, out of the two rival groups, was the aggressor, cannot be determined at this stage. Lastly, it is submitted that applicants are languishing in jail since 3.12.2018 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. The applicants have no criminal history to their credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that applicants are in jail since 3.12.2018 and have no criminal history to their credit.
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 applicants Shivratan and Sarvesh 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 and one surety shall be family member of the applicant, 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 are 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.
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 with a period of six months form 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, report in AIR 2018 (SC) 2004, if there is no other legal impediment.
Order Date :- 22.1.2019 KU