Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12232 of 2018 Applicant :- Adarsh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari,Diwakar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that according to the prosecution case three persons including the applicant had fired at the victim. He next submitted that the injuries received by the injured are simple in nature. No recovery has been made from the applicant's possession or on his pointing out. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He lastly submitted that the applicant has no criminal history. 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 24.10.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, 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 Adarsh Kumar involved in Case Crime No. 307 and 504 I.P.C., P.S. Fatehganj Purvi, district-Bareilly 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 and also subject to prior deposit of Rs.50,000/- by way of Fixed Deposit Receipt or as the case may be, in the court concerned (payable in court's name), to be invested in a nationalized bank and ultimately paid to the person concerned occasioned to wrongful loss on the satisfaction of 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.
However, considering the peculiar fact and circumstances of the case the trial court is directed to expedite the trial of the aforesaid case and conclude the same within a period of one year from the date of production of certified copy of this order before the trial court.
The applicant is directed to produce the certified copy of this order before the trial court for its compliance.
Order Date :- 30.5.2018 Faridul