Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 721 of 2018 Applicant :- Kuldeep Singh @ Kapil Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajneesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
Learned counsel for the applicants 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 there is no eye witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been place 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. Further submission is that co- accused persons Lait Kumar and Abhay Goswami @ Nikki have already been enlarged on bail by the Court vide order dated 8.1.2018 and case of the applicant stands on similar footing. It has been assured on behalf of the applicant that he us 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 29.11.2017. 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 incase 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.
Let the applicant Kuldeep Singh @ Kapil involved in Case Crime No. 1908 of 2017, under Section 60, 63, 72 U.P. Excise Act and U/s 255, 256, 259, 260, 419, 420, 467, 468 I.P.C., Police Station Quarsi, District Aligarh 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. The applicant will not tamper with the witnesses.
3. The applicant 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 and in case of breach of any of the conditions mentioned above, the Court concerned will be at liberty to cancel the bail.
Order Date :- 28.2.2018
Manish Himwan