Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49454 of 2018 Applicant :- Wasim Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta, J.
Supplementary affidavit, filed by counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Wasim Khan seeking bail in Case Crime No. 708 of 2018, under Sections 147, 148, 149, 307, 427, 323, 504, 506, 452, 436, 353, 332 IPC and Section 7 of Criminal Law Amendment Act and Sections 3/4 of Prevention of Damages to Public Property Act, Police Station Gulariha, District Gorakhpur.
Learned counsel for the applicant has submitted that the 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 FIR has been lodged against as many as 24 nominated accused persons and 150-200 unknown persons.
Learned counsel for the applicant has next submitted that general role of assault has been assigned to a large number of persons, who are said to have assaulted the passersby and police personnel, which resulted in commotion and in the said commotion, some persons have received injuries on their persons, however, no specific role has been assigned to the applicant in causing injuries to the victims.
Learned counsel for the applicant has next submitted that the applicant has neither been specifically named as an accused in the FIR nor arrested on the spot and no recovery whatsoever has been made from his possession.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 23.09.2018 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 has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 23.09.2018.
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 Wasim Khan 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 :- 21.12.2018 Nadim