Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11556 of 2018 Applicant :- Swami Nath Opposite Party :- State Of U.P.
Counsel for Applicant :- Girish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Girish Kumar Singh, learned counsel for the applicant and Sri Abhinav Prasad, 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 first information report has been lodged against three persons namely Swami Nath, Pradeep and Patru. The first informant himself said that he is eye witness of the alleged incident but no specific role was assigned to any person. It is further submitted that the first information report was lodged after 12 days of the incident after cure of injured namely Ram Preet but the statement of Ram Preet was recorded under section 161 Cr.P.C. on 05.10.2017. It is further submitted that there was a civil dispute regarding the possession of land between Heera Lal and Mewa Lal and the NCR was lodged against Mewa Lal, Dharmendra, Paras and Ramesh Bind who was caused injuries to Heera Lal. A copy of the injury report has been annexed as Annexure No. 7 to the affidavit filed in support of bail application. It is further submitted that Mewa Lal, Paras, Dharmendra and Ram Preet are committing Marpeet with Heera Lal in which Ram Preet sustained injuries on his person and the applicant has falsely been implicated in the present case. 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 14.12.2017. 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 Swami Nath involved in Case Crime No. 867 of 2017, under Sections 326, 324, 323, 504, 506 I.P.C., Police Station Maniyar, District Ballia 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 :- 27.4.2018 Arti