Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22609 of 2019 Applicant :- Wishvapal @ Wishpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sarvajeet Singh, learned counsel for the applicant, Sri P.K. Shahi, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Wishvapal @ Wishpal with a prayer to enlarge him on bail in Case Crime No.382 of 2018, under Sections 323, 307, 504, 506 I.P.C., Police Station Civil Lines, District Budaun.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that as per version of FIR the nephew of the informant Anuj went to attend marriage of the daughter of one Prempal where there was a sudden quarrel between the nephew of the informant and the applicant regarding some D.J. music in which accused persons armed with weapons assaulted the victim, due to which he received injuries, which are simple in nature. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 24.02.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each 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 :- 29.5.2019 Anand Sri./-