Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33825 of 2018 Applicant :- Nimesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Pradeep Kumar Bhardwaj, learned counsel for the applicant and Sri Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there are cross version of the incident. Both sides have received injuries. The applicant has also received injuries. It is further submitted that the co-accused namely Subhash Singh and Sunil have already been granted bail by this Court vide orders dated 10.4.2018 and 21.5.2018 passed in Criminal Misc. Bail Application Nos.12925 of 2018 and 18893 of 2018, a copy of said orders has been annexed as annexure-8 to the affidavit accompanying this bail application. 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 5.8.2018. It has been pointed out that the applicant has no criminal history.
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 Nimesh involved in Case Crime No.67 of 2018, under Sections 147, 148, 149, 307, 452, 504, 506 I.P.C., Police Station Dhankaur, District gautam Budh 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 :- 5.9.2018 Dev/-