Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7810 of 2018 Applicant :- Majid Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajeev Kumar Srivastava,Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Kiran Tiwari,M.C. Tiwari,Mahesh Chandra Tiwari
Hon'ble Vivek Kumar Singh,J.
Heard Sri R.K. Tiwari, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been pointed out by learned counsel for the applicant that earlier on 18.4.2018, 25.4.2018, 2.5.2018, 9.5.2018 the counsel for complainant has sent illness slips. Today again Sri M.C. Tiwari, learned counsel for the complainant has sent his illness slip.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive and political rivalry. It is next contended that the applicant has no concern with the alleged incident. It is further submitted that no incriminating article has been recovered from the possession of the applicant. It is further submitted that the injury sustained by the injured are not vital part of the body, a copy of injury report is annexed as annexure-2 to the affidavit accompanying this bail application. 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 4.1.2018. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.4 of the rejoinder affidavit, which is taken on record.
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 Majid involved in Case Crime No.552 of 2017, under Sections 147, 148, 149, 307, 504, 506 I.P.C., Police Station Kosi Kalan, District Mathura 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 trial court will be at liberty to cancel the bail.
Order Date :- 28.5.2018 Dev/-