Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32149 of 2018 Applicant :- Rahees Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.
It has been 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 the alleged incident is said to have taken place on 7.1.2018 and first information report regarding the same has been lodged on 11.1.2018 for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. It is further submitted that the co- accused namely Naushad @ Bhoora having identical role has already been granted bail by concerned Court below vide order dated 26.6.2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record. 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 17.3.2018 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 Rahees involved in Case Crime No.36 of 2018, under Sections 379, 411, 328 I.P.C., Police Station Nai Mandi, District Muzaffar 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 :- 23.8.2018 Dev/-