Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27827 of 2018 Applicant :- Tinku @ Udaibhan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri S.K. Mishra, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the F.I.R. was lodged against two named and three unknown persons including the applicant. He next submitted that no one has received any injury in the incident. No incriminating article or material has been recovered either from the applicant or on his pointing out. He further submitted that the applicant is innocent and has been falsely 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 20.9.2017.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that there is criminal history of 16 cases against the applicant, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submitted that he has explained the criminal history in paragraph nos. 9 and 10 to the affidavit accompanying the bail application.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Tinku @ Udaibhan Singh involved in Case Crime No. 265 of 2017, under Sections 147, 148, 149, 307, 353, 332, 504 and 506 I.P.C., P.S. Jasrathpur, district-Etah be released on bail on his furnishing a personal bond with two heavy 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 trial court will be at liberty to cancel the bail.
Order Date :- 26.7.2018 Faridul