Chandra Dhari Singh, J. - (1.) Heard learned counsel for the applicant and learned A.G.A for the State and perused the record. Learned counsel for the applicant submitted that no role has been assigned by eye witnesses in the statement recorded under Section 161 Cr.P.C.. He further stated that the main accused is Nihal Singh, who has given Fawara blow on the head of the injured person. He submitted that as per the statement of the informant, eye witnesses and injured Nihal Singh attacked upon the injured and he caused injury and, therefore, the applicant has no specific role assigned to the applicant in the offence. Applicant has falsely been implicated in the case. It is stated that there is no criminal history against the applicant. Lastly he submitted that the applicant is in custody since 23.9.2017 and he undertakes that applicant will not misuse liberty of bail, if he is released on bail.
(2.) On the other hand, learned A.G.A opposed the prayer for bail. 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.
(3.) Let the applicant Naresh involved in Case Crime No.389 of 2017, under Sections 323,324,308, 504 and 506 IPC, P.S. Dhampur, District Bijnor 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 the following conditions: 1. The applicant shall not tamper with the prosecution evidence. 2. The applicant shall not pressurize the prosecution witnesses. 3. The applicant shall appear on the date fixed by the trial Court.;