Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36218 of 2018 Applicant :- Amit Kumar Alias Shimmi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Kumar Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mahendra Kumar Singh Chauhan, learned counsel for the applicant and Sri R.S. Parihar learned AGA 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. There is delay of 21 days in lodging First Information Report and no explanation has been given for the delay caused. The contention of the learned for the applicant is that the applicant was not named in the First Information Report and the name of the applicant came into light after six days of lodging of the First Information Report. On an undated application given by the complainant. 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 co-operate 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 18.07.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the survey 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 Amit Kumar Alias Shimmi involved in Case Crime No. 663 of 2018, under Sections 328, 420 of I.P.C., at Police Station Majhola, District Moradabad, be released on bail on his furnishing a personal bond with two sureties of (Rs. 1 lakh each) (One should be family member) 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 released.
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 :- 25.9.2018 Md Faisal