Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10916 of 2018 Applicant :- Kishanji Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Gajendra Singh,learned counsel for the applicant and Ms.Poonam Singh Sengar,learned A.G.A. appearing for the State and perused the record.
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. It is next contended that the first information report was lodged against unknown persons. The applicant is not named in FIR. It is next contended that the police said to be made arrest of the applicant and co-accused Neetu Srivastava in a police party firing and lodged the first information report against the applicant and other accused on 17.10.2016 as case crime No. 685 of 2016 under section 307 I.P.C.in which nobody has sustained any injury. After arrest the police shown false recovery of some incriminating article from them. There is no independent witness to support the prosecution case. It is next contended that no incriminating article was recovered from the possession of the applicant, the recovery is totally false and planted.
It is next contended by learned counsel for the applicant that similarly placed co-accused, namely,Neetu Srivastava has already been granted bail by another Bench of this Court vide order dated 12.1.2017 passed in Criminal Misc. Bail Application No. 1704 of 2017, copy whereof has been annexed at Page 18 of the affidavit, filed in support of bail application and since the case of the applicant stands on identical footing to that of co-accused, hence the applicant is also entitled for bail on the ground of parity.
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 requireIt has also been submitted that the applicant is languishing in jail since17.10.2016 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, 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 Kishanji involved in Case Crime No. 681 of 2016 , under Sections 392, 411 I.P.C., Police Station Wajeerganj, District Budaun be released on bail on his furnishing a personal bond with two heavy 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 :- 23.3.2018 Su