Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40613 of 2018 Applicant :- Subhash Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sunil Kumar Yadav, learned counsel for the applicant, Sri Mahendra Narain Singh & Sri Mahesh Narain Singh, learned counsels for the informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.77 of 2018, under Sections 147, 148, 149, 323, 504, 307, 302 & 34 IPC, Police Station Rijor, District Etah, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that in the first information report six named and two unnamed persons are alleged to have assaulted the deceased and the injured. The specific role of causing injury to the deceased by firearm has been attributed to Chandra Shekhar whereas general role of assault by Lathi-Danda and knife has been assigned to applicant and six others. He further submits that there is cross case from the side of applicant also and co-accused Chandra Shekhar and Vishal have also sustained injuries on their vital parts of the body. At this stage, it cannot be said with certainty as to which party was the aggressor. Lastly, it is submitted that the applicant, who is languishing in jail since 5.5.2018, having no criminal antecedents to his credit, deserves to be released on bail.
Per contra, learned counsel for the informant as well as learned AGA vehemently opposed the bail prayer and submitted that both the injured persons have sustained several injuries on their head but could not dispute that from the side of applicant also two persons have sustained injuries and there is a cross version.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Subhash, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018 Hasnain