Court No. - 61 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43596 of 2018 Applicant :- Virendra Alias Kariya Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Mohan Srivastava,Neeraj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta, J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Virendra Alias Kariya seeking bail in Case Crime No. 12 of 2017, under Sections 323, 504, 308 IPC, Police Station Chandpur, District Fatehpur.
Learned counsel for the applicant has submitted that initially, a NCR was registered under Sections 323, 504 IPC. During the course of investigation, the case was converted under Section 308 IPC as the victim suffered a fracture injury of fronto-parietal region of skull.
Learned counsel for the applicant has next submitted that even according to prosecution own case, two persons are said to have assaulted the victim along with the applicant, however, author of the assault, which caused the fracture of parietal bone, is not discernible.
Learned counsel for the applicant has next submitted that similarly placed co-accused Dharmendra Nishad has already been granted bail by this Court in Criminal Misc. Bail Application No. 24490 of 2018 vide order dated 03.07.2018.
Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit and he is in jail since 09.10.2018 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. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and that similarly placed co-accused Dharmendra Nishad has already been granted bail by this Court and the applicant has no criminal history to his credit and he is in jail since 09.10.2018.
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 the applicant Virendra Alias Kariya 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 :- 26.11.2018 /Nadim