Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36407 of 2018 Applicant :- Shankar @ Khatmal Opposite Party :- State Of U.P.
Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant, is taken on record.
Heard Sri Vipin Chandra Pandey, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I 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. According to medical report the injury which has been found on the body of the victim was simple in nature. It is further submitted that on the date of incident the victim fell down on the earth and received simple injury but due to some old enmity between the applicant and witness the applicant has falsely been roped in the present case. The said fact has been mentioned in para 15 to the affidavit filed in support of 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. Further submission is that applicant who is in jail since 04.03.2018 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 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 Shankar @ Khatmal be released on bail in Case Crime No. 18 of 2018, under Sections 354-B IPC & Section 9/10 of Protection of Children from Sexual Offences Act, Police Station- Mantola, District- Agra on furnishing a personal bond and two sureties (Rs. One Lakh each) (One should be of a family member), 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 as expeditiously as possible from the date of receipt of certified copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2004, if there is no legal impediment.
Order Date :- 25.9.2018 Arti