Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2770 of 2019 Applicant :- Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Deena Nath Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant and the learned AGA for the State and perused the record.
Applicant- Sunil seeks bail in Case Crime No. 231 of 2018, under Sections 147, 323, 364, 342 IPC, P.S. Mandawar, District- Bijnor.
Learned counsel for the applicant has submitted that according to the first information report, general role of assault has been assigned to as many as four nominated and one unknown persons, due to which one Ankit has received injuries on his person. Learned counsel for the applicant has drawn the attention of the Court to the injuries of the victim- Ankit, where it is stated that except injury no. 4, all other injuries are simple in nature, even no X-ray was done.
Learned counsel for the applicant has next submitted that the injuries that have been examined on 25.6.2018 at 11:55 P.M. were X-rayed and as per the X-ray report, no abnormality has been detected. Learned counsel for the applicant has next submitted that the injury caused to the victim- Ankit cannot be said to be dangerous to life. Lastly, it is submitted that applicant is in jail since 25.6.2018 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. The applicant has no previous criminal history to his credit.
Learned AGA has vehemently opposed the prayer for bail, but could not point out that any of the injury caused to the victim is dangerous to life and that the applicant is in jail since 25.6.2018.
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 applicant Sunil 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 :- 21.1.2019 R