Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31859 of 2018 Applicant :- Gulab Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Krishna Dutt Tiwari, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the incident had taken place on 17.6.2009 and after completion of investigation, the Investigating Officer has submitted final report on 23.9.3009 and after submission of final report, the informant had filed a protest petition on 17.8.2010, in which learned Magistrate after rejecting the final report summoned the accused-applicant. Statement of injured was recorded after two months i.e, 13.8.2017. He next submitted that in the protest petition the informant has not stated that on which part of the body the injured has sustained injuries, which clearly shows that the implication of the applicant in the present case is false and after thought. He lastly submitted that the applicant has no criminal history. 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 6.7.2018.
Learned A.G.A. opposed the prayer for bail.
I have perused the F.I.R., final report as well as the protest petition, the applicant carries no criminal history. Without going on the merits of the protest petition, as well as the summoning of the accused, this Court enlarges the applicant on bail as no material evidence seems to come on record in the present bail application which may show that the applicant was involved in the said crime.
Let the applicant Gulab involved in Case Crime No. 897 of 2009, under Sections 307/34 I.P.C., P.S. Ajnar, district-Mahoba 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 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 :- 21.8.2018 Faridul