Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11089 of 2018 Applicant :- Chhedi Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Maurya,Pramod Kumar Maurya Counsel for Opposite Party :- G.A.,Pawan Kumar
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Sri P.K.Maurya, learned counsel for the applicant, Sri Pawan Kumar, learned counsel for the complainant and Sri O.P. Mishra, learned A.G.A. appearing for the State.
According to prosecution case, F.I.R. was lodged by the complainant against the applicant and his brother alleging that the son of the complainant aged about 18 years, who was unsound mind as well as deaf and dumb was kidnapped by the applicant and his brother on 5.11.2017.
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 next contended that there is inordinate delay of about 19 days in lodging the report for which no plausible explanation has been given by the prosecution.No missing report was lodged by the complainant at the concreted police station. The report has been lodged on the basis of suspicion only to extract the money from the applicant. The victim has not yet been recovered. The post mortem on the dead body of an unknown female aged about 40 years was conducted by the doctor whereas the kidnapped boy was a male aged about 18 years, which creates serious dent in the prosecution version. The police has issued notice to the complainant for DNA test to ascertain the real facts. Neither there is any oral or circumstantial evidence to show the complicity of the applicant in the preens case.No motive or intention has been assigned to the applicant for commission of such an offence.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 4.1.2018. 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 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 Chhedi Singh involved in Case Crime No.482 of 2017, under Section 363 I.P.C., P.S.Shyamdaurawa, District Maharajgang 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.
The trial court is directed to expedite and conclude the trial of the applicant in the aforesaid case crime within a period of six months from the date of production of certified copy of this order before it.
Order Date :- 26.7.2018 IA