Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20000 of 2018 Applicant :- Sheshnath Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri H.N.Singh, learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 1.1.2018 against sixteen accused persons including the applicant and 60 unknown persons alleging that on 31.12.2017 at night they were in drunken condition and assaulted the police personnel in which some of them sustained injuries.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that general role of assault has been assigned to all the accused and no specific role has been attributed to the applicant. Offences levelled against the applicant are not attracted in the present case. Injuries found on the body of the injured are simple in nature and not dangerous to life. There is no eye or public witness to support the prosecution version and all the witnesses are police personnel. It is also contended that Co-accused Navami Nishad, Praduman Kumar, Ajay Sahani, Dhukur @ Tukur @ Kanhaiya Nishad having similar role to that of the applicant have been granted bail by Coordinate Bench of this Court, hence the applicant is also entitled to be released on bail. 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 4.1.2018. 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 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 Sheshnath involved in Case Crime No.02 of 2018, under Sections 147, 148, 149, 307, 332, 353, 504, 506 I.P.C., Sec. 7 Law Criminal Amendment Act and 3 of Public Property Damages Act, Police Station Gulahariya, District Gorakhpur 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 ba Order Date :- 28.5.2018 IA