Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15582 of 2018 Applicant :- Parmeshwar Dayal And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Suresh Kumar Verma, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicants submitted that there is also a cross version of the incident. Two persons received injuries from the side of the prosecution, while three persons received injuries from the side of the defense, which the prosecution has not been able to explain. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. He lastly submitted that the applicants have no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 24.3.2018.
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, the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicants Parmeshwar Dayal, Prem Shankar @ Prem Babu, Yad Ram and Ashok Kumar involved in Case Crime No. 468 of 2017, under Sections 147, 148, 149, 307, 323, 324 and 504 I.P.C., P.S. Aonla, district-Bareilly be released on bail on their furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 26.4.2018 Faridul