Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17010 of 2018 Applicant :- Kaptan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.,Nigamendra Shukla
Hon'ble Vivek Kumar Singh,J.
Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicants, Sri Nigamendra Shukla, learned counsel for the opposite party and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
Learned counsel for the applicants in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due to ulterior motive and village party bandi. There is no independent witness of the alleged incident who support the prosecution version. It is further submitted that from perusal of first information report as well as statement of complainant, injured and other witnesses the motive has not been diclosed as to why the applicants committed such offence which creates doubt upon the prosecution story. The said fact has been mentioned in para 16 to the affidavit filed in support of bail application. 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 24.03.2018. The applicants have no other reported criminal antecedent.
Learned counsel for complainant as well as 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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Kaptan and Shambhu involved in Case Crime No.
78 of 2018, under Sections 323, 325, 354B, 452, 504, 506 I.P.C., Police Station Chandauli, District Chandauli be released on bail on their 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 applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2018 Arti