Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24445 of 2018 Applicant :- Dinesh Thakur Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A.,A.K. Garg
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the complainant is taken on record.
Heard Sri R.P.Singh, learned counsel for the applicant, Sri A.K.Garg, learned counsel for the complainant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against 4 persons including the applicant and two unknown persons alleging that when he alongwith his friend were returning from the house of one Ashok Thakur and as soon as reached near Shiv Mandir suddenly all the accused persons riding on two bikes came behind them and opened fire causing injuries to both of them. One Monu Pal who was following the complainant made hue and cry to rescue them then the miscreants managed to flee away from the scene of occurrence.
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 party-bandi and he has committed no offence. It is next contended that there is general allegation against all the accused persons and no specific role is attributed to the applicant and who is the author of causing injury to the injured is not known. The applicant was arrested after about one and half months after the date of alleged incident and that too from a public place and false recovery of country made pistol has been shown against the applicant. Recovery of country made pistol has also been shown against co-accused Sani Diwakar. The injured was admitted in the hospital on 3.10.2017 and was discharged on 7.10.2017. According to medical report the injuries sustained by the injured were simple in nature caused by fire arm. No motive has been assigned to connect the applicant whit the alleged offence.Te applicant and complainant belong to same locality and complainant has inimical terms with the applicant on account of local politics.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 15.11.2017. The applicant has criminal history of two cases which has been properly explained in paragraph 14 of the affidavit filed in support of the bail application.
Learned counsel for the complainant and learned A.G.A. have vehemently 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, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Dinesh Thakur involved in Case Crime No. 1078 of 2017, under Sections 147, 148, 149, 307, I.P.C, P.S. Majhola, District- Moradabad be released on bail on his furnishing a personal bond of Rs.2.00 lacs each of the applicant with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of certified copy of this order, if, there is no legal impediment.
Order Date :- 25.9.2018 IA