Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6965 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- R.P.S. Chauhan 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 the applicant Sonu alleging that on 04.08.2016 he has assaulted the son of the complainant Ajay Pal Singh aged about 10 years with knife and he has received injury on his neck.
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; the prosecution witnesses P.W.1 Ajay Pal, P.W.2 Smt. Sunita, P.W.3 Smt. Kamla, P.W.4 Viresh and P.W.5 Abhishek have turned hostile and not supported the case of prosecution; general role has been assigned against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 08.08.2016 (more than one year and six months) 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 Sonu involved in the Case Crime No. 581 of 2016, under Sections 307, 363 I.P.C., P.S. Loni Border, District Ghaziabad 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 :- 22.2.2018/A. Tripathi