Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43974 of 2016 Applicant :- Daya Shankar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Nath Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit has been filed by learned A.G.A. is taken on record.
Heard Sri Shailendra Nath Tiwari, learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Rambrich Yadav, Chandan Bose and 100-150 unknown persons alleging that on 15.03.2016 they came in the field of Jawahar Bag(Government garden) and restraint the complainant and other Government Servant not to excavating the potatoes; they assaulted the Police personnel by throwing stones to deter public servant from discharge of his duty.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the applicant is not named in the F.I.R; no injury was found on the body of any of the Government servant; the co-accused Pramod Sharma, Kaushal Kishore, Sanjay, Anuruddh Kumar have already been enlarged on bail by co-ordinate Bench of this Court; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 15.06.2016 (more than one year and nine months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Daya Shankar involved in the Case Crime No. 113 of 2016, under Sections 147, 148, 149, 323, 332, 354, 353, 342, 504, 506 I.P.C. and under Section 7 Criminal Law Amendment Act, 1934 P.S. Sadar Bazar, District Mathura be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.3.2018 A. Tripathi