Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28163 of 2018 Applicant :- Gaurav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Upendra Upadhyay, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that no role of causing injury to the injured has been assigned to the co-accused Chandrabhan and only role which has been assigned to the applicants is of exhortation. It is further submitted that the alleged incident is said to have taken place on 6.2.2018 and first information report for the same has been lodged on 11.2.2018 for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. 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 themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 6.1.2018. It has been pointed out that the applicants have no criminal history.
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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Gaurav and Dinesh involved in Case Crime No.32 of 2018, under Sections 307 and 504 I.P.C., Police Station Patiyali, District Kasganj 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 trial court will be at liberty to cancel the bail.
Order Date :- 27.7.2018 Dev/-