Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41492 of 2018 Applicant :- Vimlesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Vimlesh seeks bail in Case Crime No. 503 of 2018, under Sections 323, 506, 307 IPC, P.S. Karhal, District- Mainpuri.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the present case. He has further submitted that even from the perusal of the injury report, there is absolutely no injury on the neck and scrotum and injury no. 1 was found to be simple in nature. Lastly, it is submitted that applicant is in jail since 29.7.2018 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 Per contra, learned AGA has opposed the prayer for bail, but could not dispute the fact that there is no injury on the neck and scrotum of the victim and injury no. 1 was found to be simple in nature and the applicant is in jail since 29.7.2018 and he has no criminal history to his credit.
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 Vimlesh 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 KU