Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45545 of 2018 Applicant :- Suresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Atul Kumar, Advocate has filed his vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State, Sri Atul Kumar, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Suresh seeking bail in Case Crime No. 1032 of 2016, under Sections 147, 148, 149, 307, 323, 504 IPC, Police Station Kotwali City, District Muzaffar Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next drawn the attention of the Court to the statement of the victim Ankit, who is said to have received injuries and in his statement, he has stated that there was dispute over a drainage and on the spur of the moment, fire was made, which hit on his neck, however, author of the injury is not known.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 19.09.2018 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 as well as Sri Atul Kumar, learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and that the applicant has no criminal history to his credit and he is in jail since 19.09.2018.
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 Suresh 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 :- 30.11.2018 /Nadim