Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16062 of 2018 Applicant :- Subodh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.,Vishal Sunder Saurabh Sharma
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed by the learned A.G.A. today in the Court is taken on record.
Heard Sri Satyam Narayan, learned counsel for the applicant and Sri Vishal Sunder Saurabh Sharma, learned counsel for the complainant and Sri Abhinav Prasad, 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 the applicant is father-in- law of the complainant and the applicant has no concern with the alleged incident. It is further submitted that proceedings under Section 13(B) of the Hindu Marriage Act has been initiated between the son of the applicant and complainant, a copy of suit filed under Section 13(B) Hindu Marriage Act, has been produced by the learned counsel for the applicant, 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 15.3.2018. It has been pointed out that the applicant has no criminal history.
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 involved in Case Crime No.149 of 2017, under Sections 498-A, 324, 307, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mawana, 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 :- 29.5.2018 Dev/-