Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22435 of 2018 Applicant :- Achpal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adarsh Bhushan,Sushant Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Anuj Bajpai
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Anurag Vajpeyi, learned counsel for the complainant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive and old animosity. It is next contended that no incriminating article has been recovered from the possession of the applicant. It is further submitted that the injuries sustained by the injured are not serious as is evident from the fact that the injured was discharged from the hospital with 24 hours. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 9.4.2018. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and have drawn the attention of this Court towards the statement of the injured namely Monika, a copy of said statement has been annexed as annexure-8 to the affidavit accompanying this bail application, wherein the victim has assigned the role of firing to the applicant Achpal and the case of the applicant has been distinguished by this Court while granting bail to the co-accused namely Yogendra @ Bhola.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Achpal involved in Case Crime No.242 of 2018, under Sections 307, 504, 34 I.P.C., Police Station Dankaur, District Gautam Budh Nagar be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 30.7.2018 Dev/-