Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1601 of 2018 Applicant :- Mangala Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.,Sanjeev Kumar Trivedi,Sarvesh Kumar Dubey,Ashwani Kumar Yadav
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant and Sri Ashwani Yadav, learned A.G.A. appearing for the State. None appears on behalf of complainant even in the revised call.
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 applicant has not fabricated any document. The said fact has been mentioned in para 13 of the affidavit. It is further submitted that there is no evidence against the applicant. It is further submitted that the co-accused Rajan Dubey @ Raghvendra Dubey has already been granted bail by this Court vide order dated 11.01.2018 in Criminal Misc. Bail Application No. 1418 of 2018. 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. The applicant has no other reported criminal antecedent. The applicant is in jail since 10.11.2017.
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 Mangala Prasad involved in Case Crime No. 893 of 2016, under Section 419, 420, 421 and 120B I.P.C., Police Station Kannauj, District Kannauj 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 :- 28.3.2018 Arti