Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15765 of 2018 Applicant :- Sateesh Opposite Party :- State Of U.P. Counsel for Applicant :- Alkesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.
Heard Sri Alkesh Singh, learned counsel for the applicant and Sri Abhinav Prasad, 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. It is next contended that there are seven accused persons are named in the first information report. It is further submitted that no specific role of causing injury has been assigned to the applicant. It is further submitted that the alleged incident is said to have taken place on 14.10.2017 and first information report for the same has been lodged on 15.10.2017 for which no plausible explanation has been given by the prosecution. It is further submitted that co-accused namely Prabhash Kumar has already been granted bail by another Bench of this Court vide order dated 16.1.2018 passed in Criminal Misc. Bail Application No.1676 of 2018 a copy of said order has been annexed as annexure-6 to the affidavit accompanying this bail application. 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 17.3.2018.
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 Sateesh involved in Case Crime No.254 of 2017, under Sections 147, 148, 149, 307, 429, 504 I.P.C., Police Station Kurra, District Mainpuri be released on bail on his furnishing a personal bond with two heavy 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.
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 :- 28.5.2018 Dev/-