Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24443 of 2018 Applicant :- Aslam Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A.,Manoj Kumar Dubey
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri S.K.Tyagi, learned counsel for the applicant, Sri M.K.Dubey, learned counsel for the complainant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged the first information report against 5 named persons including the applicant alleging that all the accused who were armed with their respective weapons of assault assaulted the nephew of the complainant while he was sitting at his shop causing injuries to him. Thereafter the accused managed to flee away from the spot.
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 ulterior motive and he has committed no offence. It is further contended that there was some dispute with regard to the transaction of money between the parties. General role of assault has been assigned to all the accused and no specific role is attributed to the applicant. False recovery of axe has been shown against the applicant The incident is said to have taken place in a market but no independent witness is there to support the prosecution version. According to the medical report the injuries sustained by the injured are simple in nature except injury no.1, which was kept under observation. Co-accused Mahmood has already been granted ail by this Court on 24.5.2018m copy of which is annexed as annexure-4 to the bail application. Another co- accused Waseem has also been enlarged on bail by this Court on25.6.2018, copy of which has been produced by the applicant's counsel and the same is taken on record, 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 8.4.2018.The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and 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 tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, 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 Aslam involved in Case Crime No.297 of 2018, under Sections 147, 148, 323, 308, 504, 506 I.P.C., P.S. Kotwali District-Ghaziabad 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 :- 21.8.2018 IA