Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20022 of 2018 Applicant :- Lalu Rathor @ Abhay Pratap Opposite Party :- State Of U.P.
Counsel for Applicant :- Rupendra Kumar Mishra,Shobhit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard learned counsel for the applicant and Sri Om Prakash Mishra, 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 there is cross version both side persons have sustained injuries. It is further submitted that the father of the applicant has also lodged an F.I.R. on 29.01.2018 of the alleged incident, which has been annexed as Annexure No. 3 to the affidavit filed in support of bail application. Nothing incriminating has been recovered from the possession of the applicant and a false recovery has been planted against him. It is also submitted that neither the applicant committed any offence as alleged by the prosecution nor he opened fire upon the injured Aneesh Gupta, the same is said to have been caused by Ajay Gupta (informant) himself but on interference of some high handed person the name of applicant has falsely been roped in the present case. 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 20.12.2017. It is further submitted that the criminal history of the applicant has properly been explained in para 16 of the affidavit filed in support of bail application.
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 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 Lalu Rathor @ Abhay Pratap involved in Case Crime No. 4963 of 2017, under Sections 307, 504 I.P.C., Police Station Kotwali, District Shahjahanpur 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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2018 Arti