Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11842 of 2017 Applicant :- Dinesh Bhartiya @ Chhabiley & 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pal,Deepakh Kapoor,Rajeev Tiwari,Shiv Kumar Pal Counsel for Opposite Party :- G.A.,K.K. Chaurasiya
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicants and counter affidavit filed on behalf of State, both are taken on record.
Heard learned counsel for the applicants, Sri Krishna Kumar Chaurasiya, learned counsel for complainant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.
Learned counsel for the applicants in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case. It is further submitted that applicants have not committed any offence as alleged by the prosecution. All the contents made in the F.I.R. are false. There is no public witness of the incident. It is further submitted that no specific role has been assigned to the applicants. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are 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 applicants are languishing in jail since 01.09.2016. It is further submitted that applicant nos. 1 and 2 having no previous criminal history and the applicant no. 3 having criminal history of two cases which have been properly explained in para 27 of the affidavit filed in support of bail application.
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 the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Dinesh Bhartiya @ Chhabiley, Chandan Pasi and Rajaram Bhartiya involved in Case Crime No. 262 of 2016, under Section 307 I.P.C., Police Station Kareilly, District Allahabad be released on bail on their 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 applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 court below shall be at liberty to cancel the bail.
Order Date :- 22.2.2018 Arti Sharma