Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36198 of 2018 Applicant :- Jagdish Opposite Party :- State Of U.P.
Counsel for Applicant :- Gufran Ahmad Khan,Abdul Mazeed Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Abdul Mazeed, learned counsel for the applicant and Sri R.S. Parihar, learned learned counsel for the complainant.
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 further contended that it is a cross case and both sides received the injuries. The incident took place between the father of the victim and informant, applicant has no concern with the present case. 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 02.07.2018. 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 survey 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 Jagdish involved in Case Crime No. 309 of 2018, under Sections 324, 307, 504, of I.P.C., at Police Station Binawar, District Badaun, 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 released.
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 :- 25.9.2018 Md Faisal