Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10933 of 2018 Applicant :- Sipahi Alias Surendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four accused persons, namely, Vishwanath @ Umesh, Vshwajit, Sipahi and Videshi; alleging that on 16.11.2016 they assaulted Kanti Devi, Shailendra Golu, Bandana, Kanchan and Vinod with lathi-danda and by kicks and fists, injured Shailendra received one head injury and fracture was found and other injuries of the injured are simple in nature.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is general allegations against all accused persons. Offences levelled against the applicants are not attracted in the present case. Injuries found on the body of the injured are simple in nature except one injury and not dangerous to life. There is no independent witness. They are languishing in jail since 28.1.2018 (more than one and half months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has 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 Sipahi Alias Surendra and Videshi involved in Case Crime No. 143 of 2017, under Sections 323, 504, 308 IPC, Police Station Haldharpur, District Mau be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 :- 23.3.2018//A. Singh