Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48267 of 2018 Applicant :- Vinit Kumar @ Joni Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Ajay Kumar Jagdish, Advocate has filed vakalatnama on behalf of the first informant, which is taken on record.
Heard learned counsel for applicant, learned counsel for the first informant, the learned AGA for the State and perused the record.
Applicant- Vinit Kumar @ Joni seeks bail in Case Crime No. 591 of 2018, under Sections 323, 325, 307, 504, 506 IPC, P.S. Rampur Maniharan, District- Saharanpur.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that general role of assault by lathi, danda and spade has been assigned to as many as three persons, due to which Amit and Ankit have received injuries on their persons. Perusal of injury report of Ankit shows that he has suffered incised wound on his head which resulted in fracture of frontal bone of left side of skull. The other injured Amit has also received injuries, however, in his X-ray report, no fracture injury is seen. Learned counsel for the applicant has next submitted that author of the grievous injury caused to the victim Ankit has not been specified even in the statement of the victim, as such prima facie case for bail is made out. Lastly, it is submitted that applicant is in jail since 5.10.2018 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.
Learned AGA as well as learned counsel for the complainant have vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that author of the grievous injury caused to the victim has not been specified and that the applicant is in jail since 5.10.2018.
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 applicant Vinit Kumar @ Joni 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 :- 18.12.2018 R