Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33383 of 2017 Applicant :- Shahnawaj @ Eachchi Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Mishra,A.C.Srivastava,Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Chandra Shekhar Mishra, learned counsel for the applicant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.
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 in the supplementary affidavit applicant has explained his criminal history and the cases in which he has been acquitted by the Court below. Rs.97,000/- was recovered from the person of 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 1.7.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the statements, annexed as annexed in the bail application, the supplementary affidavit filed by the applicant and the counter affidavit filed by the State, 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 Shahnawaj alias Eachchi involved in Case Crime No. 348 of 2017, under Section 395, 397, 412, I.P.C., Police Station Sihani Gate , District Ghaziabad 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.
It is also directed that the trial be expedited, if possible, within a period of one year, if there is no legal impediment.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.2.2018 Ravi Prakash