Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5418 of 2018 Applicant :- Jaswant Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A. G. A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated due to ulterior motive and he has committed no offence. It is submitted that the criminal history of both applicants have been explained at para 14 and 15 of the bail application. Further submission is that recovery of Rs.4500/- and Rs.10,700/- was made from the possession of the applicants along with one pistol, one live cartridge and one empty cartridge. It is submitted that the alleged recovery has not been made in presence of public witnesses, which creates doubt upon its authenticity. Further submission is that no identification was ever conducted. 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 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 applicants are in jail since 13.10.2017. On the basis of above submissions, learned counsel prayed that the applicant may be granted bail.
Learned A. G. A. opposed the prayer for bail on the ground that they have huge criminal history.
Considering the nature of accusation and severity of punishment in case of conviction, the nature of supporting evidence, reasonable apprehension of tampering of the witness 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 applicants Jaswant Singh and Praveen Kumar involved in Case Crime No.1101 of 2017, under Sections 392 and 411 IPC, P. S.
Sadabad, District-Hathras be released on bail on their furnishing a personal bond (of rupees one lakhs) with two sureties (one should be of a family member) each in the like amount to the satisfaction of the Court concerned with the following conditions :-
(i) The applicants will continue to attend and cooperate in the trial pending before the Court concerned on the date fixed after release.
(ii) The applicants will not tamper with the witnesses.
(iii) The applicants will not indulge into 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 Court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018 Manish Himwan