Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15177 of 2018 Applicant :- Man Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Singh,Krishna Murari Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
The fact of the case is that an application under section 156(3) Cr.P.C. has been moved by one Ajai Singh on 03.01.2009 for the alleged incident, which has alleged to be taken place on 17.12.2008 at 1:00 PM in mid day, without explaining the delay of 21 days, alleging therein that one Brajesh, nephew of one Sarita who was co-tenant with him in rented house of Gaghubar Dayal, taken his brother namely Vimal Kumar saying that she is calling him and have kidnapped him and from the house of applicant given him.
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 the real facts of the case are that there is enmity of the applicant with relative of the complainant with regard to landed property only for this reason the name of applicant has falsely been roped in the present case. It is further submitted that the applicant has not committed any offence as alleged in complaint and there is no allegation against the applicant about demand of ransom and for threatening and prior to that there is no missing report or first information report has been lodged. 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 72 years old and languishing in jail since 12.02.2018. 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 Man Singh involved in complaint Case No. 04 of 2009, under Section 364-A I.P.C., Police Station Ajeetmal, District Auraiya 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 :- 24.4.2018 Arti