Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31057 of 2018 Applicant :- Ashok Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.,Yatish Kumar Dwivedi
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ramesh Chandra Yadav, learned counsel for the applicant, Sri Yatish Kumar Dwivedi, learned cunsle for opposite party and Sri Shashi Shekhar Tiwari, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The first information report has been lodged after two days for which no proper explanation has been given by the informant. It is further submitted that as per medical examination report no external injury found on the body of the victim. It is also submitted that there is no source of light mentioned in the first information report then how the victim has recognized the applicant. The said fact has been mentioned in para 6 to the affidavit filed in support of bail application. Criminal history of the applicant has properly been explained in para 11 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 30.06.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned counsel for opposite party as well as learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Ashok be released on bail in Case Crime No. 182 of 2018, under Sections 354, 323, 506 IPC, Police Station-
Charkhari, District- Mahoba on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison Order Date :- 24.9.2018 Arti