Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48260 of 2018 Applicant :- Sunil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Sunil Kumar seeking bail in Case Crime No. 257 of 2018, under Sections 109, 114, 116, 117, 147, 148, 149, 307, 332, 333, 336, 337, 338, 341, 342, 353, 436, 452, 504 IPC and Section 7 of Criminal Law Amendment Act and section 4/5 Prevention of Damages to Public Property Act 1984 Police Station Haldharpur, District Mau.
Learned counsel for the applicant has submitted that in the present incident, 12 nominated and 400-500 unknown persons are alleged to have resorted to pelting of stones and firing upon the police personnel, however, nobody has received any fire arm injury and simple injuries have been caused to the police personnel due to pelting of stones by a large number of persons.
Learned counsel for the applicant has next submitted that even the applicant has not been specified any specific role. Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is jail since 29.9.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
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 the applicants Sunil Kumar 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
Order Date :- 18.12.2018 R