Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25229 of 2018 Applicant :- Ram Lal Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Kripa Shanker Yadav,Ajay Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri K.S. Yadav, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged the first information report against 4 named persons including the applicant alleging that all the accused caused injuries to the injured by axe and when they were challenged by the villagers they managed to flee away from the spot.
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 due to ulterior motive and he has committed no offence. It is further contended that a civil suit between the parties is pending before the court below due to which the applicant has been dragged into criminal prosecution. No motive has been assigned to connect the applicant with the alleged offence.There is no independent witness to support the prosecution version. General role of assault has been assigned to all the accused and no specific role has been attributed to the applicant. Nothing incriminating article has been recovered from the possession of the applicant. 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 4.5.2018.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 tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, 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 Ram Lal Prajapati involved in Case Crime No. 52 of 2018, under Sections 308, 324, 504, 506 I.P.C., P.S. Maniar, District-Ballia be released on bail on his furnishing a personal bond with two heavy 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 :- 21.8.2018 IA