Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4529 of 2018 Applicant :- Shahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri J.P.Mishra, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged report against the applicant alleging that the applicant had taken scrap goods worth Rs.5,000/- from the husband of the complainant and when her husband demanded the money some hot talks were exchanged between them on 19.10.2017.It is further alleged that after some time the applicant came at the shop of complainant's husband and inflicted knife blow in his abdomen, which caused injury to him and he fell down, Thereafter the injured was taken to hospital for treatment. Several persons were attracted to the scene of occurrence who had witnessed the incident.
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 inordinate delay in lodging the report for which no plausible explanation has been given by the prosecution. It is a case of sudden quarrel. As per medical report the injury was opined to be simple in nature and is not dangerous to life. There are material contradictions in the statements of the witnesses which creates doubt in the prosecution story. Medical report also does not corroborate the prosecution version. No independent witnesses has supported the prosecution version and false recovery of knife 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 23.10.2017. The applicant has no other reported criminal antecedent.
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 Shahid involved in Case Crime No.1333 of 2017, under Sections 307, 323, 504, 506 I.P.C. Police Station Khatauli, District Muzaffar Nagar 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 :- 24.4.2018 IA