Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20006 of 2018 Applicant :- Ajay Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed today on behalf oft the applicant is taken on record.
Heard Sri Surendra Tiwari, learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, FIR was lodged by the complainant against 4 named accused persons including the applicant alleging that the applicant and other co-accused inflicted injury upon the son of the complainant by pelting stones and bricks near Mission Hospital, Robertsganj and thereafter managed to flee away from the spot.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that general role of assault has been assigned to all the accused and no specific role has been attributed to the applicant. It is further alleged that one Suraj Pandey sustained injury. The correct parentage and address of the applicant has not been mentioned. The report was lodged on the basis of hearsay and the complainant was not present on the place of alleged incident. It is also contended that there was dispute over the transaction of money between the son of the complainant and the applicant and co-accused. The son of the complainant had taken Rs.10,000/- from co- accused and when the same was demanded some scuffle had taken place about five days back due to which the injured was annoyed and become inimical with the applicant.The incident took place at the spur of moment and none of the accused including the applicant had any weapon at the time of alleged incident.Medical report does not corroborate the prosecution version. Nothing incriminating article has been recovered from the possession of the applicant. It is pointed out that the applicant has criminal history of three cases, but he is on bail in all these cases, which has been properly explained in paragraph 17 of the affidavit filed in support of the bail application. Co- accused Vedant Pandey having similar role to that of the applicant has been granted bail, hence the applicant is also entitled to be released on bail. 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 28.11.2017.
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 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 Ajay Pandey involved in Case Crime No.664 of 2017, under Sections 336, 323, 504, 506, 308 I.P.C., Police Station Robertsganj, District Sonbhadra 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 ba Order Date :- 28.5.2018 IA