Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15039 of 2018 Applicant :- Monty Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Kumar Singh,Babit Kumar Counsel for Opposite Party :- G.A.,Onkar Singh
Hon'ble Vivek Kumar Singh,J.
Counter and rejoinder affidavits have been exchanged.
Heard Sri P.K.Singh, learned counsel for the applicant, Sri Onkar Singh, learned counsel for the complainant and Sri O.P. Mishra, learned A.G.A. appearing for the State.
According to prosecution case, F.I.R. was lodged by the complainant against some unknown persons alleging that when his brother was sleeping in his house the accused persons who were armed with sharp edged weapons caused injuries on his head and neck and thereafter they managed to flee away from the spot.
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 is not named in the FIR and the applicant has been made accused on the basis of suspicion only and that too after one month of the alleged incident. It is further contended that there was no eye witness who had witnessed the alleged.incident. Nothing incriminating material was recovered from the possession of the applicant. learned counsel for the complainant has pointed out that there is some ambiguity in writing the injury report dated 23.10.2018. The Court has perused the nature of injuries which has been annexed as annexure-2 with the present bail application. The applicant is in dentition since 12.12..2017. 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.
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 and also considering the period of detention and the anomaly in writing the injuries as pointed out by the learned counsel for the complainant, 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 Monty involved in Case Crime No.1337 of 2017, under Sections 452, 307, 326 I.P.C., P.S.Khatauli, District Muzaffar Nagar 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 trial court will be at liberty to cancel the bail.
Order Date :- 27.7.2018 IA