Single judge allowed the bail application of an accused charged with Section 307 IPC. The court noted the co-accused had already been granted bail and found the case a fit one for releasing the applicant on bond with sureties and standard conditions.
Applicant to be released on bail by furnishing a personal bond and two sureties.
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Court No. - 22 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5443 of 2018 Applicant :- Nitin Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Dubey 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 two accused persons, namely, Nitin and Jaisingh; alleging that on 18.8.2017 they assaulted Ajeem with sharp edged weapon (bled), he received injuries.
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 the applicant. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature and are not dangerous to life. He is languishing in jail since 19.8.2017 (near about five month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Jay Singh has been granted bail by co-ordinate Bench of this Court on 2.11.2017 vide Criminal Misc. Bail Application No. 42269 of 2017; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
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 Nitin involved in Case Crime No. 866 of 2017, under Section 307 IPC, Police Station Noida Phase-III, District Gautam Budh Nagar 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//A. Singh
1 issue framed by the court
Whether the accused is entitled to Bail under the facts and circumstances of the case.
Nitin
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
