Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7123 of 2018 Applicant :- Vijay Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Vijay, Ajay, Rohit, Sonu and some unknown persons alleging that on 29.11.2017 they assaulted the injured Preeti, Suman, Jai Baghwan and Jai Prakash with lathi-danda; the co-accused Rohit has assaulted Jai Prakash with pointed weapon and he has lost his one eye.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury of injured Jai Prakash all other injuries of the injured are simple in nature, not dangerous to life; specific role of causing injury has been assigned to the co-accused Rohit; the applicant has assigned general role; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 21.12.2017 (more than two months) having no criminal history. Co-accused namely Ajay @ Mota has been granted bail by this Court on 12.2.2018 vide Criminal Misc. Bail Application No. 4998 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Vijay involved in the Case Crime No. 1316 of 2017, under Sections 323, 147, 325, 504, 506 and 326 I.P.C., P.S. Baraut, District Baghpat be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.2.2018//A. Singh