Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29611 of 2018 Applicant :- Mehtab Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Jaiswal,Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Shanti Dhar Dwivedi
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filled on behalf of the State is taken on record.
Heard Sri A.K.Singh, learned counsel for the applicant, Sri S.D.Dwivedi, learned counsel for the complainant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against the applicant alleging that when his son was going by Rickshaw for his house from the Railway Gate, the accused- applicant came behind him and caused injury in his neck by knife.
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 due to ulterior motive and he has committed no offence. It is next contended that the applicant belongs to the same village and the injured is a man of bad character and wants to have illicit relationship with his wife and also used to harass his wife for which complaint was made by him to the respectable persons of the village. Consequently, the injured was scolded by the villagers to mend his ways otherwise severe punishment would be awarded to him. In spite of this, the injured did not accept the verdict of the villagers and one day when he was not present in his house he entered into his house and tried to outrage the modesty of his wife. Upon hue and cry being made by his wife, the injured managed to flee away from the spot and as such the complainant is jealous of him and in order to take revenge the complainant has falsely roped the applicant in the present case. It is further contended that as per medical report there are six incised wounds on the person of the victim which are on non- vital parts and simple in nature.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 2.6.2018. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.
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, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Mehtab involved in Case Crime No. 129 of 2018, under Section 307 I.P.C., P.S Simbhawali, District- Hapur 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:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 17.9.2018 IA