Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20002 of 2018 Applicant :- Triloki And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashank Kumar,Chandra Bhushan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shashank Kumar, learned counsel for the applicants and Sri Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
According to the prosecution case FIR was lodged against 28 named persons including the applicants and 100 unknown persons alleging that they surrounded the complainant and his colleagues and committed marpeet over the counting of votes casted for selection of dealer of fair price shop.
Learned counsel for the applicants in support of their prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case and they have committed no offfence. It is further submitted that only general allegations have been made against all the accused persons no specific role has been assigned to applicants. There is no independent witness of the alleged incident to support the prosecution version. It is also submitted that the injuries found on the body of the injured were simple in nature. It is also contended that identically situated co-accused Dileep Kumar has been released on bail by this Court on 25.5.2018 in Criminal Misc. Bail Application No.19865 of 2018, hence the applicants are also entitled to be released on bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants 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 applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 16.3.2018 and 21.3.2018 respectively. The applicants have 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 applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants Triloki and Ramdeen involved in Case Crime No. 39 of 2018, under Sections 147, 148, 149, 333, 353, 336, 323, 504, 506, 308 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Khesraha, District Siddharth Nagar be released on bail on their 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 applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 :- 28.5.2018 IA