Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46167 of 2017 Applicant :- Mohit And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants and learned A.G.A for the State and perused the record.
Learned counsel for the applicants submitted that applicants and the first informant all are resident of the same village and the husband of the first informant Satya Prakash Sharma was constructing the ramp on the road in front of his house and was making unauthorized construction on the road.
Learned counsel for the applicants submitted that applicants and their other family members requested to the husband of the first informant for not making any construction on the road and for not making unauthorized ramp on the road, but husband of the first informant was making his illegal efforts for construction of ramp on the road. Thereafter, in this regard the matter was sent before the local police and the Sub Division Magistrate, Chandpur, District Bijnor on the complaint of the father of the applicant No. 1 and thereafter Sub Division Magistrate and police authorities categorically warned to the husband of the first informant for not making any encroachment on the road and also for not making ramp on the road.
Learned counsel for the applicants submitted that due to the aforesaid reason, the first informant and her husband made a totally false and concocted story on the basis of the same lodged a totally false and malicious first information report against the applicants and their two other closed family members on 30.5.2017 under Section 452, 323 IPC at Police Station Shivala Kalan, District Bijnor.
Learned counsel for the applicants submission that the applicants have been falsely implicated in the present case and no role has been assigned to them.
Learned counsel for the applicants submitted that the applicants are in custody since 2.11.2017. Learned counsel for the applicants submitted that in case applicants be released on bail, they will not misuse the concession of bail.
On the other hand, learned A.G.A opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Mohit son of Kartar Singh and Bittu @ Devendra son of Mangu Singh involved in Case Crime No. 84 of 2017 , under Sections 323, 325, 452, 354-B IPC, P.S. Shivala Kanlan, District Bijnor be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 29.11.2017 Ravi Prakash