Case :- CRIMINAL MISC. BAIL APPLICATION No.…
Release of applicant on bail by furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 22 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4049 of 2018 Applicant :- Ramim @ Sheru Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav 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, the F.I.R. was lodged against four accused persons, namely, Sheru, Faijan, Rafiq and Banti alleging that they assaulted the injured, namely, Imrana, Dilshad, Gudiya with sharp edged weapon who have received injuries but simple in nautre.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against all accused. Offences levelled against the applicant are not attracted in the present case. There is no independent witness. Injuries found on the body of the injured are simple in nature. Applicant has no criminal history. He is languishing in jail since 15.11.2017 (more than two and half 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 Ramim @ Sheru involved in Case Crime No. 793 of 2017, under Sections 323, 324, 326, 307 IPC, P.S. New Agra, District Agra 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 :- 5.2.2018
A. Singh
1 issue framed by the court
Whether to grant bail to the applicant accused of assault and attempted murder charges.
Ramim @ Sheru
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
