Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25436 of 2018 Applicant :- Shyamveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.,Ashutosh Kumar Mishra
Hon'ble Vivek Kumar Singh,J.
Heard Sri Paritosh Shukla, learned counsel for the applicant, Sri Ashutosh Kumar Mishra, learned counsel for the opposite party and Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that the alleged incident has been taken place on 21.02.2018 and the injured has been examined on the same day i.e. 21.02.2018 but the first information report for the same has been lodged on 24.02.2018 after delay of three days for which no plausible explanation has been given by the prosecution. It is also submitted that the injury received on the body of the injured were simple in nature. 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 25.02.2018 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 counsel for opposite party as well as 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 Shyamveer be released on bail in Case Crime No. 173 of 2018, under Sections 307, 504, 506 IPC, Police Station- Iglas, District- Aligarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trail 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.
Order Date :- 27.8.2018 Arti