Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16209 of 2018 Applicant :- Raju And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Satish Solanki,Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicants, is taken on record.
Heard learned counsel for the applicants and Sri Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
Learned counsel for the applicants in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due to enmity. It is further submitted that as per statement of the prosecution witness PW-1 Ranjuwala, he himself denied the involvement of the applicants in the alleged offence. A copy of the statement has been annexed as Annexure No. SA-1 to the supplementary affidavit. 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 29.03.2018. The applicants have 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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Raju, Randhir and Manoj involved in Case Crime No. 964 of 2016 under Section 308, 325 I.P.C., Police Station Sadabad District Hathras, 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 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 court below shall be at liberty to cancel the bail. Order Date :- 31.7.2018 Sweety