Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11243 of 2018 Applicant :- Seth Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Jagdish,Gyanendra Singh Patel Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajay Kumar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It is alleged that two unknown persons have snatched Rs.35,000/- and a motorcycle from the complainant and fled away from the spot.
Learned counsel for the applicant in support of his prayer for bail submits that he has not committed any offence and has been falsely implicated in the present case due to ulterior motive. It is next contended that the report was lodged against two unknown persons and the applicant is not named therein. Medical report indicates that no fire arm injury was found on the person of constable, Rajendra Singh. Nothing was recovered from the possession of the applicant and there is no independent or eye witness of the alleged incident. False recovery has been shown against 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 27.9.2017.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 tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and 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 Seth Pal involved in Case Crime No.394 of 2017, under sections 392, 411 IPC,,P.S.Rampur Maniharan, District Saharanpur 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.
Order Date :- 28.3.2018 IA