Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44998 of 2018 Applicant :- Sunil Rajbhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Tara Chand Kaushal 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 Rajbhar seeking bail in Case Crime No. 137 of 2017, under Sections 323, 504, 325, 308 IPC, Police Station Sidhari, District Azamgarh.
Learned counsel for the applicant has submitted that even according to the prosecution own case, general role of assault has been assigned to as many as four persons, due to which the victim Ashish Yadav has received injuries.
Learned counsel for the applicant has next submitted that as per the x- ray report no abnormality has been detected in the skull, right arm, right forearm and spine of the victim and there is only a crack fracture of tenth rib, however the author of the said injury is not known. The other injuries are simple nature.
Learned counsel for the applicant has next submitted that similarly placed co-accused Sudhir Rajbhar, Ajay Chauhan and Vijay Chauhan have already been granted bail by this Court in Crl. Misc. Bail Application Nos. 25852 of 2018, 26856 of 2018 and 26714 of 2018 vide orders dated 05.10.2018, 12.10.2018 and 12.10.2018 respectively.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 02.11.2018 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 fact that similarly placed co-accused persons have already been granted bail and the fact that the applicant is in jail since 02.11.2018.
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 applicant Sunil Rajbhar 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.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.11.2018 Ashok Gupta