Criminal Major Bail Application allowed for applicant Golden@Imtiyaz. Court held he made out a case for bail despite gravity of offence, ordering his release on personal bond and two sureties subject to standard conditions.
Applicant released on bail on furnishing a personal bond and two sureties, subject to standard conditions.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5438 of 2018
Applicant :- Golden@Imtiyaz Opposite Party :- State Of U.P. Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged by Constable Ranjeet Kushwaha against Golden @ Imtiyaz alleging that on 21.8.2017 when informant tried to stop the motorcycle of accused, he drove his motorcycle on the complainant; Constable Ranjeet Kushwaha escaped himself but SHO Ajit Pratap Singh and Constable Satyendra Kumar received injuries.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; criminal history of six cases has been explained; there was no independent witness; injuries are not dangerous to life; the applicant is languishing in jail since 23.8.2017(more than five months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Golden @ Imtiyaz involved in S.T. No. 1992 of 2017(State vs. Golden @ Imtiyaz), Case Crime No.591 of 2017, under Sections 307, 332, 353, 333 IPC, Police Station Mohammadabad, District Ghazipur 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 :- 15.2.2018 P.P.
1 issue framed by the court
Whether the applicant satisfies the requirements to be granted bail in a criminal case involving offences under Sections 307, 332, 353, 333 IPC.
Golden@Imtiyaz
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
