Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6173 of 2019 Applicant :- Sunil And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kukmar Tiwari,Raja Ullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Sunil, Prem Pal and Om Prakash seeks bail in Case Crime No. 529 of 2018, under Sections 147, 148, 149, 324, 452 IPC, P.S. Nigohi, District- Shahjahanpur.
Learned counsel for the applicants has submitted that in respect of the incident, the first information reports have been lodged from both the sides and both the sides have suffered injuries on their persons. From the side of the applicants, eight persons have suffered injuries, whereas from the side of the first informant, also eight persons have suffered injuries on their persons. Learned counsel for the applicants has next submitted that who, out of the two rival groups, was the aggressor, cannot be determined at this stage. Lastly, it is submitted that applicants are in jail since 2.1.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. The applicants have no criminal history to their credit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that first information reports have been lodged from both the sides and both the sides have suffered injuries and that the applicants are in jail since 2.1.2019 and they have no criminal history to their credit and the fact that accused person of the rival group has already been released on bail by the court below vide order dated 2.1.2019. A copy of which is produced today and taken on record.
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 applicants have made out a case for bail.
Let applicants Sunil, Prem Pal and Om Prakash be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance are 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 :- 25.2.2019 KU