Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45045 of 2018 Applicant :- Sujan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Bahadur Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Sri S.B.Yadav, learned counsel for the applicant and Sri Sanjay Singh, 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 due to ulterior motive and he has committed no offence. It is next contended thatvthere is village party- bandi between the parties and due to this reason the applicant has been falesly roped in the present case. The court has perused the statement of the victim recorded under section 161 Cr.P.C. where she has specifically stated that she did not know the person who pushed her from her cycle, which is annexed as Annexure- 2 to the Supplementary affidavit. According to the medical opinion no mark of injury was found on her person.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 14.9.2018. The applicant has history of three criminal cases as stated in paragraph 11 of the affidavit filed in support of the bail application and in all the cases he has been granted bail by the competent court.
Learned A.G.A. has 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 Sujan Singh involved in Case Crime No. 299 of 2018, under Sections 354-AI.P.C, & sec. 7/8 POCSO ACT, 2012 P.S.Prem Nagar, District- Jhanis 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 applicant to prison.
The trial court is directed to expedite and conclude the trial of the applicant in the present case as expeditiously as possible from the date of receipt of certified copy of the order,, if there is no legal impediment. keeping in view the law laid down by the Apex Court in the case of Alakh Alok Sroivastava Vs. Union of India and another reported in AIR 2018(SC) 2004.
Order Date :- 27.11.2018 IA