Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15687 of 2018 Applicant :- Shyam Bahadur Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Behari Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Lal Behari Yadav, learned counsel for the applicant and Sri Zafer Ahmad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there is major contradiction in version of the first information report and in statement of the victim recorded under Section 164 Cr.P.C.. It is further submitted that as per prosecution story the injury is said to have been caused by knife but perusal of the injury report of the alleged victim shows that all injuries are lacerated wounds which can be caused by hard and blunt objects, hence there are contradiction in ocular testimony and in medical evidence, the said fact has been mentioned in para 13 of the affidavit accompanying this 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. 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 23.11.2017.
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 Shyam Bahadur involved in Case Crime No.465 of 2017, under Sections 307, 308, 452, 324, 354 I.P.C., Police Station Madhuban, District Mau be released on bail on his furnishing a personal bond with two heavy 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 :- 27.4.2018 Dev/-