Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19996 of 2018 Applicant :- Anil Kumar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Raj Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Brij Raj, learned counsel for the applicants and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four named accused persons including the applicants alleging that on 6.2.2016 they assaulted Pooshpa Devi, Saudan Singh and Achambelal with their respective weapons of assault in which injured Saudan Singh sustained one injury on his head.
Learned counsel for the applicants in support of their bail prayer submits that the applicants are innocent and they have falsely been implicated in the present case due to ulterior motive and they have 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 applicants. Offences levelled against the applicants are not attracted in the present case. Injuries found on the body of the injured are simple in nature and not dangerous to life. It is also contended that Co-accused Pradeep Kumar having similar role to that of the applicants has been granted bail by Coordinate Bench of this Court, copy of which is annexed as annexure-8 to the bail application, hence the applicants are also entitled to be released on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 17.3.2018. The applicants have 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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Anil Kumar and Yogendra Kumar @ Lauwa involved in Case Crime No.33 of 2016, under Sections 323, 308, 325, 452, 504 I.P.C., Police Station Usrahar, District Etawah be released on bail on their 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 applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They not tamper with the witnesses.
3. They 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 :- 28.5.2018 IA