Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20008 of 2018 Applicant :- Hassu Opposite Party :- State Of U.P. Counsel for Applicant :- Ashvni Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ashvni.Mishra, learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, FIR was lodged by the complainant against 2 named accused persons including the applicant alleging that when the sons of complainant namely Annu Bharat and Bunty were standing near a lane, the applicant and other co-accused, who were in drunken stage came there and hurled filthy languages and beaten with lathi and danda to them in which Bunty sustained injury. It is further alleged that they opened fire upon them.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that there is delay of one day in lodging the report for which no plausible explanation has been given by the prosecution. The injured was medically examined and only one injury was found on the person of the injured. The Injured was admitted on 18.10.2018 in the hospital and discharged on 20.10.2017. There is cross version of the case. Initially the sons of the complainant used to tease the niece of the applicant in which some quarrel had taken place and report was lodged against them and consequently the complainant had inimical terms with the applicant. Since the injured has sustained only one injury and role of firing has been assigned to two persons, it is not known who is the author of said injury. No specific role has been attributed to the applicant. No incriminating article has been recovered from the possession of the applicant. Injury report does not corroborate the prosecution version. No independent witness has been examined to support the prosecution version. Co-accused Amar has been enlarged on bail by this Court today in Criminal Misc. Bail Application No.19895 of 2018. 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 5.1.2018.The applicant has no other reported criminal antecedent.
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 Hassu involved in Case Crime No.533 of 2017, under Sections 323, 504, 307 I.P.C., Police Station Sasni Gate, District Aligarh 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 ba Order Date :- 28.5.2018 IA