Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28176 of 2018 Applicant :- Shubham Alias Mintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashwini Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri A.K.Srivastava, learned counsel for the applicant and Sri O.P. Mishra, learned A.G.A. appearing for the State.
According to prosecution case, F.I.R. was lodged by the complainant against 88 named persons including the applicant alleging that a crowd of about 1500 to 2000 persons belonging to various organizations of SC/ST who were armed with their respective weapons of assault had looted various shops and set on fire various vehicles and also attacked on the police personnel while observing Bharat Bandh.
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 no injury report to support the prosecution version.General role of assault has been assigned to all the accused and no specific role has been attributed to the applicant. No incriminating article has been recovered from the possession of the applicant. There is no public witness and all the witnesses are police personnel. Co-accused Arju, Ravi & Purshottam have already been released on bail by this Court on 21.6.2018 & 3.7.2018, copy of which has been produced by the applicant's counsel, which is taken on record and the case of the applicant is similar to that of the applicant, hence the applicant is also entitled to be released on bail on the ground of parity. 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 3.4.2018. 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 Shubham Alias Mintu involved in Case Crime No.358 of 2018, under Sections 147, 148, 149, 307, 143, 504, 506, 353, 395, 336, 337, 427, 436, 332, 342, 34 I.P.C. & Section 7 Criminal Law Amendment Act and 3/4 Public Property Damages(Prevention) Act, P.S.Kankarkhera, District Meerut 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 :- 27.7.2018 IA