Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7946 of 2018 Applicant :- Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri V.KTripathi, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged report against the applicant and co-accused, Tota Ram alleging that there are inimical terms between the parties and the case is pending before the court below. It is further alleged that the applicant has opened fire while accused Tota Ram was driving motorcycle on the person of injured Munim from back side.
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 he has committed no offence. It is next contended that the statement of the complainant was recorded under section 161 Cr.P.C. by the investigating officer which does not support the prosecution story. I have perused the statement of Victim.The role of firing has been assigned to co-accused Tota Ram while at the time of alleged incident the applicant was driving motorcycle. Thus, there are contradictions in the statements of victim and complainant, which creates doubt in the prosecution story. It is also contended that as per injury report injured has sustained two injuries on his back side,which are simple in nature and are not dangerous to life. 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 27.10.2017. The applicant has no other reported criminal antecedent.
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 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 Naresh involved in Case Crime No.711 of 2017, under Section 307 I..P.C., Police Station Bisalpur, District Pilibhit 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 :- 25.4.2018 IA