Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11312 of 2018 Applicant :- Shyam Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Singh,Brijes Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four accused persons, namely, Mahesh, Arvind, Shyam and Gullu alleging that on 10.02.2018 they assaulted the injured Vikas with knife used by co-accused Mahesh and co-accused Arvind shot fire upon the injured Vikas but he escaped.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; according to the statement of injured Vikas the co-accused Mahesh caused injury by knife on his stomach; hence specific role has been assigned to the co-accused Mahesh; no firearm injury was found on the body of the injured; it has also been alleged that the co-accused Gullu and Shyam assaulted the wife of the complainant but she received no injury; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 15.02.2018 (more than one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 applicant Shyam involved in the Case Crime No. 43 of 2018, under Sections 323, 427, 452, 504, 506, 307 I.P.C., P.S. Dhaulana, District Hapur 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 applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 28.3.2018/A. Tripathi