Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45129 of 2018 Applicant :- Virendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Jawahar Lal Pandey Counsel for Opposite Party :- G.A.,Vivek Singh
Hon'ble Rajiv Gupta,J.
Sri Vivek Singh has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Supplementary affidavit filed by learned counsel for the applicant today in Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State and Sri Vivek Singh learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Virendra seeking bail in Case Crime No. 192 of 2018, under Sections 452, 307, 323, 504, 506 IPC, Police Station Katghar District Moradabad.
Learned counsel for the applicant has submitted that the applicant is not named in the first information report and subsequently his name has surfaced on the basis of the statement of injured, in which he is said to be armed with pistol and opened fire upon the victim Anuj, due to which he is said to have received injuries on his left wrist, as per the x-ray report, small rounded radiological shadows are seen, however, no bony injury is found. Learned counsel for the applicant has next submitted that the said injuries cannot be said to be dangerous to life.
Learned counsel for the applicant has next submitted that the applicant is in jail since 03.10.2018 and similarly placed co-accused Prempal has already been granted bail in Crl. Misc. Bail Application No. 16054 of 2018 vide order dated 10.09.2018 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 and Sri Vivek Singh learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the fact that the injury has been caused to the victim on non-vital part, which is not dangerous to life and the fact that the applicant is in jail since 03.10.2018.
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 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 :- 28.11.2018 Ashok Gupta