Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10043 of 2018 Applicant :- Roopram Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Neta Singh Counsel for Opposite Party :- G.A.,Vishal Mohan Gupta
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ram Neta Singh, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State. Sri Vishal Mohan Gupta, learned counsel for the complainant, is not present.
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 neither the applicant was present at the place of alleged incident nor he made any fire upon the informant. It is further submitted that injury report does not support the prosecution version. It is further submitted the injuries found on the body of the injured were simple in nature. It is further submitted that no 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 12.11.2017. It is further submitted that after the arrest of the applicant he has been falsely roped in some other cases which has been mentioned in para 18 of the affidavit filed in support of bail application.
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 Roopram involved in Case Crime No. 231 of 2015, under Sections 307, 504 I.P.C., Police Station Siroli, District Bareilly 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 :- 27.4.2018 Arti