Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48526 of 2018 Applicant :- Sonu @ Sattar Ahmad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey 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- Sonu @ Sattar Ahmad and Ikrar seeks bail in Case Crime No. 360 of 2018, under Sections 326, 323, 504, 506 IPC, P.S. Puranpur, District- Pilibhit.
Learned counsel for the applicants has submitted that applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants has drawn the attention of the Court to the statement of the victim Banti wherein he has stated that applicants alongwith Aziz and Tahid started hurling abuses and when asked not to do so, then co-accused Aziz chopped the finger of the victim by a banka. No specific role of assault has been assigned to the applicants. Lastly, it is submitted that applicants are in jail since 24.10.2018 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.
Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that specific role of chopping of the finger of the victim has been assigned co-accused Aziz and that the applicants are in jail since 24.10.2018 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 applicant has made out a case for bail.
Let applicants Sonu @ Sattar Ahmad and Ikrar 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 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.
Order Date :- 18.12.2018 KU