Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15648 of 2018 Applicant :- Sukhveer Singh @ Dharmendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Sri Anand Pati Tiwari, Advocate has filed vakalatnama on behalf of complainant which is taken on record.
Heard learned counsel for the applicant and Sri Anand Pati Tiwari, learned counsel for the complainant as well as learned A.G.A. for the State and perused the material on record.
The present bail application has been moved for enlarging the applicant Sukhveer Singh @ Dharmendra on bail in Case Crime No. 71 of 2015, under Sections 395, 397 I.P.C., PS-Bidhuna, District-Auraiya.
Learned counsel for the applicant contended that applicant has been falsely implicated in the present case. It is next contended that N.C.R. of the same incident has been lodged against each other and member of both sides received injuries in this incident. It is next contended that respected persons of the village have intervened the matter and both the parties have agreed for compromise and they decided not to proceed the case further against each other but due to malafide intention after lapse of seven months of alleged incident complainant create a false and fabricated story and filed a complaint against the applicant and his family members. It is next contended that after the statement of the complainant and other witnesses trial court has summoned the applicant and other co-accused. It is next contended that no specific role has been assigned against the applicant. It is next contended that nothing incriminating material has been recovered from the possession of the applicant. It is lastly submitted that the applicant is in jail since 02.04..2018 and the applicant has no any criminal antecedents except the present one.
On the other hand learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for grant of bail to the applicant. However, they admitted that applicant/accused has no previous criminal history.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Sukhveer Singh @ Dharmendra be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate in the trial and shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.
In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 27.4.2018 AKT