Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26388 of 2018 Applicant :- Vasit @ Vase Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Vasit @ Vase seeking bail in Case Crime No. 261 of 2018, under Sections 323, 504, 332, 353 I.P.C, P.S. Sambhal, District Sambhal (Bheem Nagar).
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive. It has been further submitted that no specific role of assault has been assigned to the applicant and only general role of assaulting the victims has been made. Injuries found on the persons of the victims are simple in nature. Criminal history of the applicant has been explained in the paragraph 9 of the bail application. He has next submitted that similarly placed co-accused Besharat has already been granted bail by this Court in Criminal Misc. Bail Application No. 39248 of 2018 vide order dated 10.10.2018.
He has further submitted that the applicant is in jail since 19.05.2018 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.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that similarly placed co- accused has been granted bail and that the applicant is in jail since 19.05.2018.
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 Vasit @ Vase 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 :- 30.10.2018 Arun Gangwar