Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7723 of 2018 Applicant :- Furkan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri A.K.Jagdish, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
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 it is alleged that the report has been lodged after a delay of about 25 hrs from the date of alleged incident for which no plausible explanation has been given. Further, thee is no eye or independent witness to support the prosecution version.Nothing incriminating material was recovered from the possession of the applicant. It is pointed out that the applicant has criminal history of 20 cases, but he is on bail in all these cases except two cases. This fact has been mentioned in paragraph 16 of the affidavit filed in support of the bail application, which has been properly explained. It is also submitted that other co-accused have been released on bail by the court below which has been mentioned in paragraph 15 of the affidavit. 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 8.4.2017.
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 Furkan involved in Case Crime No.287 of 2017, under Sections 386, 120-B I.P.C.,Police Station Kairana, District Shamli 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, if not warranted in any other case 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 :- 27.2.2018 IA