Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28084 of 2019 Applicant :- Vikash Opposite Party :- State Of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by learned A.G.A. is taken on record.a Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that except injury nos. 1 and 2 which were caused on the neck of the injured by knife. No other injury was found to be grievous in nature. There is no supplementary report regarding the injury nos. 1 and 2 of the injured and there was no internal damage caused on the neck of the injured. In the supplementary affidavit filed by learned A.G.A. there is no supplementary medical report brought on record nor any averment has been made regarding injury nos. 1 and 2 whether they were grievous in nature. The applicant is in jail since 20.05.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Vikash, be released on bail in Case Crime No. 106 of 2019, under Sections- 307 & 504 I.P.C., Police Station- Bargaon, District- Saharanpur, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.8.2019 Rohit