Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32143 of 2018 Applicant :- Kari Asjad Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard Sri Mohd. Aslam, learned counsel for the applicant and Sri Shahsi Shekhar Tiwari, 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 in the present case. It is further submitted that applicant has not committed any offence as stated by the prosecution. It is also submitted that real fact of the case is that some students were fighting with each other then injured Asif and Mohd. Shami fell down upon the bricks from which they received injury. The Applicant rebuked the injured namely Asif and Mohd. Shami on account of which the applicant has falsely been roped in the present case, whereas no such incident was ever took place as alleged in the first information report. It is also submitted that the injuries received on the body of the injured were simple in nature. 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 15.04.2018. 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 Kari Asjad involved in Case Crime No. 127 of 2018, under Sections 377, 323, 504, 506 I.P.C. & Section 3/4 Protection of Children From Sexual Offences Act, Police Station Chilkana, District Saharanpur 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 court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 Arti