Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12422 of 2017 Applicant :- Subodh @ T.T.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.,Narayan Singh(Kushwaha)
Hon'ble Vivek Kumar Singh,J.
Counter affidavits filed by the learned A.G.A. as well as by learned counsel for the complainant are taken on record.
Heard Sri Rajiv Kumar Pandey, learned counsel for the applicant and Sri Narayan Singh Kushwaha, learned counsel for the complainant and Vikas Rana, 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 co-accused namely Luky has already been granted bail by another Bench of this Court vide order dated 17.11.2017, a copy of said order has been annexed as annexure-SA-2 to the supplementary affidavit dated 24.11.2017, which is taken on record. 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 24.8.2016. It has been pointed out that the applicant has criminal history which has been duly explained in paragraph no.15 of the affidavit accompanying the bail application.
Learned counsel for the complainant and 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 Subodh @ T.T. involved in Case Crime No.992 of 2016, under Sections 279/337/323/307/504 I.P.C., Police Station Kotwali City, District Etah 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 :- 30.3.2018 Dev/-