Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40756 of 2019 Applicant :- Sugreev Bind And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Aslam Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary Affidavit filed today on behalf of applicants is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
This is a bail application on behalf of the applicants in connection with Case Crime No.134 of 2019, under Sections 147, 323, 504, 506, 436 I.P.C., P.S. Dildar Nagar, District Ghazipur.
Learned counsel for the applicants has submitted that the first information report was lodged by the complainant against the present accused with the allegation that they have used abusive language and the son of the complaint was beaten and when he came to save him then he was also beaten by the accused persons and they had put hut of the complainant on fire.
The submission of learned counsel for the applicants is that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He further submitted that the complainant has received only simple injuries and there is no reliable evidence against the accused persons, who had put fire on the hut of the complainant. He next submitted that there is no criminal history against the applicants. He further submitted that the applicants are languishing in jail since 14.8.2019 and in case, they are released on bail they will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants namely, Sugreev Bind, Tribhuvan Bind, Baleshwar Bind and Dhanesh Bind involved in the aforesaid crime be released on bail on 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 applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses;
iii) The applicants shall appear on the date fixed by the trial court;
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.9.2019 SFH