Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10628 of 2018 Applicant :- Ramagya Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Deshraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard Sri Deshraj Singh, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
It has been submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. The said fact has been mentioned in para 22 of the affidavit filed in support of bail application. It is further submitted that the applicant is more than 70 years old. It is further submitted that there is no overt act has been assigned to the applicant. It is further submitted that there is no independent witness to support the prosecution version. It has also been submitted that the applicant is languishing in jail since 06.02.2018. 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 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 Ramagya Singh involved in Case Crime No. 564 of 2017, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Mau, District Mau 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 :- 29.3.2018 Arti