Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10982 of 2018 Applicant :- Sushil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against 100-150 unknown persons alleging that on 8.12.2014 due to death of a child some people jam the road and attempted shot fire at police personnels, some police personnels received injuries i.e. simple in nature.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. There is general allegations against all accused persons. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature and not dangerous to life. He is languishing in jail since 20.2.2018 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Sushil Kumar involved in Case Crime No. 118 of 2014, under Sections 147, 34, 323, 353, 333, 307 IPC and Section 7 Criminal Law Amendment Act and 3/5 of Prevention of Damages to Public Property Act, 1984, Police Station Aung, District Fatehpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.3.2018 A. Singh