Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2176 of 2019 Applicant :- Vinay @ Banti Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabha Shanker Pandey,Ramanuj Yadav Counsel for Opposite Party :- G.A.,Naresh Kumar Pal,Sushil Kumar Dubey
Hon'ble Vikram Nath,J.
Learned AGA and learned counsel for the complainant have file counter-affidavit which are taken on record.
Heard Sri Ramanuj Yadav, Sri Prabha Shanker Pandey, learned counsels for the applicant, Sri B.A. Khan, learned AGA for the State, Sri Naresh Kumar Pal and Sri Sushil Kumar Dubey, learned counsels for the complainant.
Learned counsel for the applicant submitted that applicant is in jail since 18th August, 2018. The only criminal antecedents pointed out in the counter affidavit relate to case of under Section 498-A IPC and another case under Section 323 IPC which has been duly explained in paragraph-19 of the affidavit filed in support of the bail application. It is further submitted that none of the injuries are reported to be dangerous to life. A perusal of the injury report would also indicate that they are basically contusions and abrasions and at best it could be a case of under Section 323/324 IPC and not under Section 307 IPC.
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- Vinay @ Banti, be released on bail in Case Crime No.249 of 2018, under Sections-323, 325, 504, 506, 307, 427 IPC, Police Station- Ekdil, district- Etawah, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.4.2019 Ashutosh [Vikram Nath, J.]