Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20025 of 2018 Applicant :- Himanshu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.K.Tiwari, 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 including the applicant and one unknown person alleging that when his son was returning home from tuition he was intercepted by the applicant and got him seated on the motorcycle of the applicant and taken to a solitary place and committed marpeet with him alongwith two other co-accused, causing injury to him.
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 some quarrel had taken place between the children of the complainant and the applicant due to which the complainant had inimical terms with the applicant and as such the applicant has been falsely roped in the present case. No specific role or weapon of assault has been assigned to the applicant. Injury report shows that injuries were simple in nature and were not inflicted on vital parts of the body of injured. The applicant, who is aged about 17 years is a student of Class IX. Nothing has been recovered from the possession of the applicant.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 21.2.2018. 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 Himanshu involved in Case Crime No.88 of 2018, under Section 307 I.P.C., Police Station Daurala, District Meerut 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 :- 28.5.2018 IA