Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28374 of 2018 Applicant :- Vinay Kumar Jaisawal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Lochan Shukla,Ajay Shandilya Counsel for Opposite Party :- G.A.,R.P. Rajan
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of informant and rejoinder affidavit filed on behalf of applicant, both are taken on record.
Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri R.P. Rajan, learned counsel for the informant and Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to village party bandi. It is further submitted that the incident has taken place on 05.07.2017 but the first information report for the same has been lodged on 15.11.2017 for which no proper explanation has been given by the informant. It is also submitted that no specific role of causing injuries to the injured has been assigned to the applicant. Role of causing injuries to the injured has been assigned to another co-accused namely Anil. Nothing has been recovered from the possession or pointing out of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 28.06.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned counsel for opposite party as well as learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Vinay Kumar Jaisawal be released on bail in Case Crime No. 630 of 2017, under Sections 147, 148, 149, 323, 504, 506, 308, 120B IPC, Police Station- Manduadeeh, District- Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 11.9.2018 Arti