Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44885 of 2018 Applicant :- Sonu @ Amit And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Sonu @ Amit and Chunni @ Shani seeking bail in Case Crime No. 461 of 2018, under Sections 147, 148, 149, 307, 332, 353, 504, 506 IPC & 7 Criminal Law Amendment Act, Police Station Sirsaganj, District Firozabad.
Learned counsel for the applicants has submitted that a false case has been set up against the applicants and they have been falsely implicated in the said case. Learned counsel for the applicants has drawn the attention of this Court to the injuries of the victim which are complaint of pain, abrasion and contusion which have been found to be simple in nature.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 26.09.2018 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. Lastly, it is submitted that there is no chance of applicants 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 fact that the injuries of the victim are simple in nature and the fact that applicants are in jail since 26.09.2018.
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 applicants Sonu @ Amit and Chunni @ Shani be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned 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 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.
Order Date :- 27.11.2018 Ashok Gupta