Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43640 of 2018 Applicant :- Suraj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Babhru Vahan Singh,Manvendra Singh Counsel for Opposite Party :- G.A.,Manoj Kumar
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State as well as Sri Manoj Kumar, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Suraj Singh seeking bail in Case Crime No. 725 of 2018, under Sections 147, 148, 149, 307, 504, 506, 507 IPC and Section 7 of Criminal Law Amendment Act, Police Station Cantt., District Gorakhpur.
Learned counsel for the applicant has submitted that the general role of firing has been assigned to as many as five persons, due to which, Ramesh Dhobi, Subham Singh, Sandeep Chauhan and Surya Prakash have received injuries on their persons.
Learned counsel for the applicant has next submitted that as per the injury report, the injuries of victim Ramesh and Raman are on the non-vital part of the body and even as per their supplementary injury report, no abnormality has been detected. The supplementary injury report of victim Shubham Singh shows that in injury nos.1 and 3, no abnormality has been detected and injury no. 2 shows two metallic shadow in right tibia bone, which is not dangerous to life.
Learned counsel for the applicant has next submitted that the co- accused Prince Agam Singh @ Sainki has already been granted bail by this Court in Criminal Misc. Bail Application No. 42807 of 2018 vide order dated 13.11.2018.
Learned counsel for the applicant has further submitted that the criminal history of the applicant has been explained in paragraph 11 of the affidavit and the applicant is in jail since 31.08.2018 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 and that the similarly placed co- accused has already been granted bail by this Court and that the applicant has no criminal history to his credit and he is in jail since 31.08.2018.
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 Suraj Singh 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 :- 26.11.2018 /Nadim