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2019 DIGILAW 2486 (ALL)

Karan Rajpoot v. State Of U. P.

2019-11-06

RAJ BEER SINGH

body2019
JUDGMENT : Raj Beer Singh, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant in Case Crime No. 420 of 2019, under section 308 IPC, Police Station Kotwali Mahoba, District Mahoba with the prayer to enlarge the applicant on bail. 3. As per prosecution version, the applicant and co-accused persons stopped taxi of complainant's brother Neeraj Kushwaha, and assaulted him with lathi, iron rod as well as by stones causing multiple injuries to him. 4. It has been argued by the learned counsel for the applicant that the applicant is not named in the FIR and that his involvement has been shown on the basis of statement of co-accused Ajay Singh. Even the injured Ajay Singh has not assigned any specific role to the applicant. It was submitted that applicant is innocent and was not involved in the alleged incident, rather the FIR was lodged against co-accused Ajay Singh who is resident of same area, where complainant resides. The injured has not sustained any serious injury. It was further submitted that applicant is person of clear antecedent without having any criminal history. It was stated that applicant is in judicial custody since 17.09.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. Learned A.G.A. has opposed the bail. 6. Keeping in view the submission of learned counsel for the parties, nature of allegations, period of detention of applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. 7. Let applicant Karan Rajpoot involved in the aforesaid crime 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: 1. The applicant will not tamper with the evidence during the trial. 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. 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. 8. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.