Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32578 of 2018 Applicant :- Sarjan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Kumar, learned counsel for the applicant and Sri S.S. Tiwari, learned A.G.A. appearing for the State.
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. Learned counsel for the applicant has drawn the attention of this Court towards Annexrue S.A.6. to the supplementary affidavit dated 21.08.2018, which is taken on record, which is the statement of the victim recorded under Section 164 Cr.P.C., wherein no role has been assigned to the applicant and the name of the applicant has came into the light in the application given by the one Mahinder Singh uncle of the victim. It is next contended that the applicant is old and aged about 60 years. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 15.7.2018. It has been pointed out that the applicants have no criminal history.
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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Sarjan Singh involved in Case Crime No.314 of 2018, under Sections 363, 368 I.P.C., Police Station Jahangirabad, District Bulandshahar be released on bail on their 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 applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 25.9.2018 Md Faisal