Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41943 of 2017 Applicant :- Sudeep Opposite Party :- State Of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Jawahar Yadav, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged a report against the applicant alleging that on 17.12.2016 the applicant alongiwth his father armed with a country made pistol came near the house of complainant and shot fire upon the son of the complainant, who was out side of his house at that time, which caused injury on the back side of the victim. This incident was witnessed by the mother of the injured and other neighbours. Earlier some scuffle had taken place between the applicant and the son of the complainant.
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 party- bandi and he has committed no offence. It is next contended that it is a case of sudden quarrel and there was no motive to commit such an offence. False recovery of country made pistol has been shown against the applicant an there is no independent witness of the alleged recovery. Medical report indicates that the injury sustained by the injured is simple in nature. There are material contradictions in the statements of the witnesses recorded by the investigating officer. 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 22.12.2016. The applicant has no other reported criminal antecedent.
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 Sudeep involved in Case Crime No.883 of 2016, under Sections 307, 504, 506 I.P.C. Police Station Modi Nagar, District Ghaziabad 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.
However, the trial court is directed to expedite and conclude the trial of the applicant in the aforesaid case crime number preferably within six months from the date of production of certified copy of the order before it.
Order Date :- 24.4.2018 IA