Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20036 of 2018 Applicant :- Usman Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Bharat Singh,learned counsel for the applicant and Sri O.P.Mishra, learned A.G.A for the State and perused the record.
According to the prosecution case the F.I.R. was lodged by the complainant against 4 named accused persons alleging that when his sons were returning from their field the accused persons armed with their respective weapons of assault beaten them and on the exhortation of one Chand Khan, co-accused Guddu shot fire upon the injured, Imran causing injury on his vest.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the FIR. The complainant in his statement recorded under section 161 Cr.P.C. added the name of the applicant and one another Arif. It is further contended that the applicant and other co-accused persons are family members of the complainant. There was some property dispute between the parties due to which the complainant had inimical terms with the applicant. As per injury report the injuries of the injured are simple in nature. No specific role has been attributed to the applicant. There is cross version of the case.It is also contended that the complainant alongwith his family members had raided the house of the applicant and assaulted Amit and the applicant.Nothing has been recovered from the possession of the applicant Co-accused Jilani has been granted bail by this Court today i.e.28.4.2018, hence the applicant is also entitled to be released on bail..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 1.4.2018. 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 Usman involved in Case Crime No.204 of 2018, under Sections 147,148, 149, 323, 307, 504 I.P.C.. Police Station Binawar, District Badaun 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 trial court will be at liberty to cancel the bail.
Order Date :- 28.5.2018 IA