Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27913 of 2018 Applicant :- Vikas Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Lal Mani Singh,Lal Mani Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
Learned counsel for the applicants submitted that all the prosecution witnesses including injured namely, Rohit and Vikas have disowned the prosecution case as spelt out in the first information report by way of filing their personal affidavits (Annexure-6) before Superintendent of Police, Bijnor. The implication of the applicant in the present case was based only upon hearsay evidence. He lastly submitted that the applicants have no criminal history. 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 25.5.2018.
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 tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Vikas Kumar and Akash Kumar involved in Case Crime No. 134 of 2018, under Sections 323, 324, 307, 504 and 506 I.P.C., P.S. Kotwali Dehat, district-Bijnor be released on bail on their furnishing 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 trial court will be at liberty to cancel the bail.
Order Date :- 26.7.2018 Faridul