Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31777 of 2018 Applicant :- Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Hitesh Pachori,Dharmendra Singhal,Surendra Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Dharmendra Singhal, learned counsel for the applicant Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against unknown person alleging that his son had received a message on mobile phone ceiling him that some medicine is needed so he should come to his shop. Thereafter the victim had gone to his shop, but his phone is switched off. There is suspicion that his son may be kidnapped.
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 report was lodged on the basis of suspicion only. The name of the applicant surfaced after five days of the alleged recovery that too in the second statement of the complainant. The applicant has been implicated in the present case only because of being brother of Bantu, who is alleged to be a notorious person. 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 23.6.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. has 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 Naresh involved in Case Crime No.175 of 2018, under Sections 364-A, 120-B I.P.C , P.S. Jagner, District- Agra 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 :- 27.10.2018 IA