Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32142 of 2018 Applicant :- Sonu Alias Ved Prakash Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Rakesh Kumar Singh
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sunil Kumar, learned counsel for the applicant, Sri R.K.Singh, learned counsel for the complainant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.
According to the prosecution version the complainant lodged FIR against 6 persons including the applicant alleging that all the accused, who were armed with Farsa, Kasla, Iron rod and lathi attacked the injured when they were busy in their work causing injuries to the two injured.
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 the incident has taken place on 29.05.2018 but the F.I.R has been lodged on 01.06.2018 at 16.39 hours i.e. after two days of the alleged incident, but no plausible explanation has been given by the prosecution for such delay. It is further contended that there is general allegation of assaulting the injured with Farsa, Kasla, Iron rod and lathi against five persons including the applicant, but no specific role is attributed to the applicant. The statements of the injured have not been recorded by the investigating officer. Earlier, the applicant had moved an application under section 156(3) Cr.P.C. against the complainant for assaulting the applicant due to which the applicant has been roped in the present case. He next submitted that accused Rajesh, Jaipal & Satver have been assigned the main role of causing injuries to the injured. Co-accused Jaipal Singh has been released on bail on 14.9.2018 and the case of the applicant is on better footing to that of the co-accused Jaipal Singh,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 21.6.2018. The applicant has no other reported criminal antecedent.
Learned counsel for the complainant and learned A.G.A. have vehemently opposed the prayer.
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, and also considering the submissions advanced by learned counsel for the parties, 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, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Sonu Alias Ved Prakash involved in Case Crime No. 156 of 2018, under Sections 147, 148, 149, 323, 324, 325, 326, 307 I.P.C., P.S Pahasu, District- Bulandshahar 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:
(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 applicants to prison.
Order Date :- 17.9.2018 IA