Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28854 of 2018 Applicant :- Sudhir Gupta @ Sonu Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav,Dharmendra Pratap Singh Chauhan,Shiv Kant Mishra Counsel for Opposite Party :- G.A.,Rajesh Pratap Singh
Hon'ble Siddharth,J.
Counter and Rejoinder Affidavit filed today is taken on record.
Heard learned counsel for the applicant and Sri Rajesh Pratap Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record.
The submission is that the applicant along with co-accused, Radhey Shyam Gupta, have caused injuries on the head of the injured who is a person aged about 65 years. There are two fractures on the parietal bone of the injured person. It has been submitted that the applicant has made false implication on the applicant and he is in jail since 05.06.2018. There is dispute between the parties and earlier the applicant had lodged non- cognizable report against the other side.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Sudhir Gupta @ Sonu Gupta, be released on bail in Case Crime No. 102 of 2018, under Sections- 323, 504, 506 and 308 I.P.C., Police Station- Bardah, District- Azamgarh, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.5.2019 Rohit