Allahabad High Court
Vishal Pathak vs State Of U.P. on 9 May, 2019
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19500 of 2019
Applicant :- Vishal Pathak
Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Singh Rathaur
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against applicant, co-accused Nandan Singh and 20-25 unknown. In FIR it has been mentioned that the Control Room has informed that one Swift Desire Car No. UP 32-GS 9764 has hit one motorcycle and the car is going towards Dubhar police station. At this the informant S.I. Sarfaraz Khan, constable Om Prakash and constable Ashok Saroj were following the car. The car driver escaped away after leaving the car near Bhrigu Mandir where the applicant, co-accused Nandan Singh along with 20-25 students reached there and on the exhortation of Nandan Singh applicant threw a piece of brick upon police party due to which constable Om Prakash sustained injury on his face. As per injury report 3 injuries have been found on the person of injured constable Om Prakash and in X-ray report fracture of nasal spine has been found to him. The statement of injured Om Prakash was also recorded in which he has stated that applicant and co-accused Nandan Singh threw stones and piece of bricks upon him due to which he sustained injuries. Injured Om Prakash has made general allegation against the applicant and co-accused Nandan Singh and co-accused Nandan Singh had been enlarged on bail by the court below. It has further been submitted that applicant has not committed the alleged offence. He has falsely been implicated in the present case. It has further been submitted that after the alleged incident the applicant has also been falsely implicated in one police encounter case. Except this there is no criminal history of the applicant. The applicant is in jail since 17.3.2019.
Per contra; learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Vishal Pathak involved in Case Crime No. 1255 of 2016, under section 147, 307, 308, 353, 332, 336, 504 IPC and 7 Criminal Law Amendment Act, P.S. Kotwali, District Ballia be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 9.5.2019
Masarrat
