Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14480 of 2018 Applicant :- Manjhla @ Shree Krishna Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.K.Srivastava, learned counsel for the applicant and Sri Zafeer Ahmad, leaned AGA appearing for the State.
It is alleged that the applicant alongwith his brother, who were armed with lathi, danda and rod caused injury to the injured. It is further alleged that some altercation took place between the applicant and the victim over the drinking of liquor.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that there is considerable delay of 5 days in lodging the report for which no plausible explanation has been given by the prosecution. It is also contended that the statement of injured-Vinod clearly shows that he was in drunken stage at the time of alleged incident. It is further contended that there is no eye witness account of the alleged occurrence. There are material contradictions in the statements of the complainant and independent witnesses. In the first information report the role of causing injury to the victim is assigned to two persons whereas as per statement of independent witness there is involvement of only one person in the alleged incident. As per medical report there are two lacerated wounds and two swellings, which has been caused by blunt and hard object. It is a case of sudden quarrel and both the applicant and the victim were drunkard. 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 14.12.2017. Thee 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 Manjhla @ Shree Krishna Nishad involved in Case Crime No 746 of 2017, under Sections 323, 308 I.P.C., Police Station Gulariha, District Gorakhpur 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.
Order Date :- 27.4.2018 IA