Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9107 of 2018 Applicant :- Adesh Opposite Party :- State Of U.P. Counsel for Applicant :- Anoop Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anoop Trivedi, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged report against the applicant and three other co-caused, who encircled the victim, Manoj and thereafter on the exhortation of other three accused the applicant opened fire upon Manoj.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity and he has committed no offence. It is next contended that there is cross version of the case. The present FIR has been lodged as a counter blast. There is inordinate delay of 36 hours in lodging the report, for which no plausible explanation has been given by the prosecution. It is further contended that the alleged incident has taken place in a densely populated residential area, but there is no independent or public witness to support the prosecution version. It is further contended that the injury allegedly sustained by the injured is fabricated and does not corroborate the prosecution version. No weapon of assault has been recovered from the possession of the applicant. 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 1.11.2017. The applicant has no other reported criminal antecedent.
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 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 Adesh involved in Case Crime No.764 of 2017, under Sections 307, 323, 504 I..P.C., Police Station Dadri, District Gautambudh Nagar 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 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.
Order Date :- 25.4.2018 IA