Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28362 of 2018 Applicant :- Vinay @ Budda Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submits that the applicant has not committed any offence as alleged in the F.I.R. The applicant is innocent and has been falsely implicated in the present case due to ulterior motive and political animosity. It is further submitted that no incriminating article has been recorded from the possession or on the pointing out of the applicant. It is further submitted that the role which has been assigned to the applicant is of catching hold the injured, the said fact has been mentioned in para 12 of the affidavit accompanying this bail application. It is further submitted that co- accused namely Vikas has been granted bail by the concerned Court below vide order dated 20.04.2018, a copy of said order has been annexed as annexure no. 5 to the the affidavit accompanying this bail application. 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 20.03.2018.
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 tempering of 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.
Without expressing any opinion on the merits of the case let the applicant Vinay @ Budda involved in Case Crime No.191 of 2018, under Sections 307, 394, 411 I.P.C., Police Station Khekra, District Baghpat 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 :- 30.7.2018 Sweety kanojia