Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17018 of 2018 Applicant :- Sudhir Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey,Shyam Sunder Mishra Counsel for Opposite Party :- G.A.,Subhash Chandra
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of complainant, is taken on record.
Heard Sri Sanjay Kumar Dubey, learned counsel for the applicant, Sri Subhash Chandra, learned counsel for complainant and Sri Om Prakash Mishra, learned A.G.A. appearing for the State.
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. It is further submitted that the alleged incident has taken place on 30.7.2017 and the first information report for the same has been lodged on 04.08.2017 for which no proper explanation has been given by the informant. It is also submitted that applicant has not committed any offence as stated by the prosecution. As per opinion of doctor it is a case of no injury. 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 05.04.2018. 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 Sudhir involved in Case Crime No. 60 of 2017, under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station Mahila Thana, District Hathras 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.7.2018 Arti