Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31087 of 2018 Applicant :- Shahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A.,Braham Singh
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of complainant, is taken on record.
Heard Sri Meraj Ahmad Khan, learned counsel for the applicant, Sri Braham Singh, learned counsel on behalf of opposite party and Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the present case is a cross case and both side persons have received injuries on their person at this stage it is not specified that as to which side is aggressor. It is also submitted that as per first information report as well as statement u/s 161 Cr.P.C. no specific role has been assigned to the applicant only general allegations have been made against all the accused persons. It is also submitted that all injuries found on the body of the injured were simple in nature except injury no. 1 which has been fatal but it is not specified that as to who has caused the grievous injury to the injured. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 21.05.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned counsel for opposite party as well as learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Shahid be released on bail in Case Crime No. 129 of 2018, under Sections 147, 148, 452, 307, 323, 504, 506 IPC, Police Station- Dilari, District- Moradabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
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 :- 24.9.2018 Arti