Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32622 of 2018 Applicant :- Sardar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Pankaj Kumar Gupta
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the learned counsel for the complainant as well as by the learned A.G.A. today in the Court is taken on record.
Heard Sri Anil Kumar Srivastava, learned counsel for the applicant and Sri Pankaj Kumar Gupta, learned learned counsel for the complainant.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant is a student and is preparing the various competitive examinations. The submission of the learned counsel for the applicant is that there is no independent public witness of the said incidents, in spite of the fact that the incidents has taken place in public place. 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 co-operate 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 09.04.2018. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the survey 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 Sardar Singh involved in Case Crime No.
293 of 2018, under Sections 307, 504, 506 I.P.C., at Police Station Colonelganj, District Allahabad, 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 released.
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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 25.9.2018 Md Faisal