This judgment allows a bail application filed by Satish Gond, accused of assaulting with a sharp-edged weapon under Section 307 IPC. The court, noting the simple nature of injuries and the applicant's clean record, declared it a fit case for bail while imposing standard conditions.
Bail allowed on personal bond and two sureties subject to standard conditions.
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Court No. - 22 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3809 of 2018 Applicant :- Satish Gond Opposite Party :- State Of U.P. Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case F.I.R. was lodged by the informant against two accused persons namely Satish Gond and Tuntun Gond alleging that on 16.9.2017 at 10.30 p.m. they assaulted the injured Sahdev Gond with sharp edged weapon who has received one injury on his neck.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Injuries found on the body of the injured are simple is nature. There is general allegations against both accused. Incident was taken place in the night. Offences levelled against the applicant are not attracted in the present matter. Applicant has no criminal history. He is languishing in jail since 21.9.2017 (more than four months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Satish Gond involved in Case Crime No. 294 of 2017, under Section 307 IPC, P.S. Turkpatti, District Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 2.2.2018
A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail given the nature of the charge, period of custody, and lack of criminal history.
Satish Gond
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
