Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10583 of 2018 Applicant :- Chandra Sekhar Lodh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhakar Shukla,Diwakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Diwakar Shukla, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged report against the applicant and four other co-caused, who kidnapped Hori Lal, son of the complainant and his friend Laloo when Hori Lal was going to answer the call of the nature.
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 old enmity and he has committed no offence. It is next contended that there is a delay of one day in lodging the report for which no plausible explanation has been given by the prosecution. The victim was recovered by the police from a public place after one day of the alleged occurrence and the friend of the victim fled away from the spot, but there is no independent witness who has witnessed the alleged recovery. Only general allegation has been assigned to all accused and no specific role is attributed to the applicant. No demand of ransom was made by any of the accused. It is further contended that other co-accused namely Jitendra Singh,, Ramakant Paswan & Sonu Yadav having identical role to that of the applicant have already been enlarged on bail by this Court, copies of which have been produced by the applicant's counsel which are taken on record, hence the applicant is also entitled to be released on bail on the ground of parity. 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 14.1.2018. The applicant has 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 applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Chandra Sekhar Lodh involved in Case Crime No.14 of 2018, under Sections 364,120-B, I..P.C., Police Station Bindki, District Fatehpurr 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 :- 25.4.2018 IA