Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15153 of 2018 Applicant :- Prempal Opposite Party :- State Of U.P.
Counsel for Applicant :- Zafar Abbas,Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
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. It is further submitted that the statement of PW-1 namely Dheerendra has been recorded before Additional Sessions Judge, Moradabad on 02.04.2018 in which he has specifically stated that the injury was caused accidentally and the applicant has no role play in the alleged act. A copy of the said statement has been annexed as Annexure No. 1 to the supplementary affidavit. 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 22.07.2017. 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 Prempal involved in Case Crime No. 187 of 2017, under Sections 147, 148, 149, 323, 326, 307 I.P.C., Police Station Kurhfatehgarh, District Sambhal (Session Division Moradabad) 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 court below shall be at liberty to cancel the bail.
Order Date :- 24.4.2018 Arti