Court granted bail to Prem Chand, who was facing charges of affray and assault on police officers. The applicant claimed false implication and lack of prior criminal record. The court noted injuries were simple and allowed bail on personal bond and two sureties subject to standard conditions.
Bail granted on furnishing a personal bond and two sureties each.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 569 of 2018
Applicant :- Prem Chand Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Tripathi Now 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 against twenty named persons and 500-600 unknown persons alleging that on 22.1.2017 they assaulted police personnels and put hindrance in performing duty.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 9.8.2016(more than one and half year) having no previous criminal history; he has been falsely implicated in the present case; injuries received by police personnels are simple in nature; in case applicant 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. though opposed the prayer for bail but admitted that the applicant has no previous 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Prem Chand involved in Case Crime No.15 of 2015, under Section 147, 148, 149, 353, 332, 323, 324, 307, 395 IPC and Section 7 of Criminal Law Amendment Act, Police Station Sadar, District Mathura 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 :- 19.2.2018 P.P.
2 issues framed by the court
Whether the applicant, accused of affray and assault on police, is entitled to bail despite false implication allegations.
Whether the applicant has made out a prima facie case for bail given the lack of prior criminal history and simple nature of injuries.
Prem Chand
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
