Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24476 of 2018 Applicant :- Janu Alias Jaan Alam Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri P.K.Tyagi, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged the first information report against 2 named persons including the applicant alleging that in the police encounter the accused fired upon the police personnel causing injury to the injured and country made pistol was also recovered from them.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is further contended that the applicant was picked up from his house and false recovery of country made pistol has been shown against the applicant. There is no independent witness of the alleged incident to support the prosecution version. The injury sustained by the injured is on non vital part and who is the author of said injury is also not known. General role of firing has been assigned to the applicant in fake police encounter. 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 25.12.2017.It is pointed out that the applicant has criminal history of 4 cases, which has been properly explained in paragraph 7 of the affidavit filed in support of the bail application.
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 tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, 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 Janu Alias Jaan Alam involved in Case Crime No. 720 of 2017, under Section 307 I.P.C., P.S. Charthawal, District-Muzaffar Nagar 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 IA