Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26171 of 2018 Applicant :- Narayan Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Pushkar,Ramanuj Tripathi Counsel for Opposite Party :- G.A.,Vinod Singh
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed on behalf of the State is taken on record.
Heard Sri Ramanuj Tripathi, learned counsel for the applicant, Sri Vinod Singh, 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 5 persons including the applicant alleging that when the son of the complainant was sleeping in the room situated in his field in the midnight the accused-applicant shot fire upon him causing injury in his stomach.
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 old enmity and ulterior motive and he has committed no offence. It is next contended that there is inordinate delay of 3 days in lodging the report for which no plausible explanation has been given by the prosecution. The statement of the injured recorded under section 161 Cr.P.C. does not support the prosecution version. There was property dispute between the parties in which partition suit is pending before the court below and as such the applicant has been dragged into criminal prosecution at the behest of complainant only to put undue pressure on the applicant to enter into a compromise. Co-accused Tej Singh,Talewar, Mahesh and Kanchhi Lal have already been released on bail by this Court, copy of which has been produced by the applicant's counsel and the same is taken on record, hence the applicant is also entitled to be released on bail.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 9.3.2018. 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 Narayan involved in Case Crime No. 231 of 2016, under Sections 307, 149I.P.C, P.S. Khair, District- Aligarh 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.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of six months from the date of production of certified copy of this order, if, there is no legal impediment Order Date :- 24.9.2018 IA