Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25687 of 2018 Applicant :- Sunil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Tiwari,Sangam Lal Kesharwani Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed on behalf of applicant, is taken on record.
Heard Sri Sangam Lal Kesharwani, learned counsel for the applicant, Sri Durgesh Dubey, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant has not committed any crime as stated by the prosecution, he has falsely been implicated in the present case. It is further submitted that the injury report does not corroborate the prosecution version. The alleged victim was medically examined on 23.09.2017 at about 02:40pm, the doctor has opined that the injuries are simple in nature. It is further submitted that victim has herself stated before the Investigating Officer in her second statement that previous statement under section 161 and 164 Cr.P.C. have been given on the instructions and advice of her Advocate which also creates doubt about the prosecution version. It is further submitted that the criminal history of the applicant has properly been explained in para 23 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 12.06.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, 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 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Sunil be released on bail in Case Crime No. 322 of 2017, under Sections 323, 504, 506, 354 IPC, Police Station- Sahzadnagar, District- Rampur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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.
Order Date :- 29.8.2018 Arti