Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48344 of 2018 Applicant :- Umesh Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.,Anand Pati
Hon'ble Rajiv Gupta,J.
Sri Anand Patii Tiwari has filed his vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicant, the learned A.G.A. for the State as well as learned counsel for the first informant and perused the record.
Applicant- Umesh Chandra seeks bail in Case Crime No. 191 of 2018, under Sections 147, 307, 504, & 506 I.P.C., P.S. Airwakatra, District- Auraiya.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that in the First Information Report general role of assault by as many as five persons by knife is said to have been alleged due to which two persons namely, Awadhesh Kumar and Krishna Kanhiya have suffered injuries. Learned counsel for the applicant has next drawn the attention of the Court to the statement of victim Awadhesh in which it is alleged that the applicant started hurling abuses and when he was asked not to abuse them then the other four co-accused persons namely, Mohit, Chhote, Umesh S/o Heeralal and Sunil assaulted them by knife and caused serious injuries. Learned counsel for the applicant has next submitted that role assigned to applicant is only of hurling abuses and no specific role of assaulting the victim Awadhesh Kumar has been assigned to him.
Learned counsel for the applicant has next submitted that the applicant is in jail since 6.7.2018 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 criminal history to his credit. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Learned A.G.A. as well as earned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that only role assigned to the applicant is of hurling abuses and that the applicant is in jail since 6.7.2018.
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 Umesh Chandra 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 :- 18.12.2018 Md Faisal