Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16499 of 2018 Applicant :- Sajat @ Sajit Opposite Party :- State Of U.P.
Counsel for Applicant :- Devesh Pratap Singh Chauhan,Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Santosh Kumar Pandey
Hon'ble Vivek Kumar Singh,J.
Counter and rejoinder affidavits have been exchanged.
Heard Sri D.P.S.Chauhan, learned counsel for the applicant and Sri O.P. Mishra, learned A.G.A. appearing for the State.
According to the prosecution case, F.I.R. was lodged by the complainant against 8 named persons including the applicant alleging that on 20.10.2017 the applicant alongwith his associates came with their respective weapons of assault and fired upon the injured causing injuries to them and thereafter they fled 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 next contended that there is cross version of the F.I.R. Both sides have sustained injuries in the incident, which the prosecution has not been able to explain. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is aggressor. General role of firing has been assigned to all the accused and no specific role has been attributed to the applicant. It is a case of sudden quarrel. The injury report shows that the injuries allegedly sustained by the injured are not grievous in nature and no internal damage was found. Other co- accused Dheeray and Sonu have been enlarged on bail, copy of which is annexed as annexrue -8 to the bail application. Another co-accused Santosh Kumar has been released on bail by this Court on 25.5.2018, copy of which his annexed as annexure -I to the rejoinder affidavit and the case of the applicant is on better footing, hence the applicant is also entitled to be released on bail. 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 6.4.2018.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 Sajat @ Sajit involved in Case Crime No. 269 of 2017, under Sections 307 and 504 I.P.C., P.S. Nawabganj, District-Farrukhabad 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 :- 26.7.2018 IA