Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7178 of 2018 Applicant :- Vinay Prakash Singh @ Vinay Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Learned counsel for applicant permitted to make necessary corrections in the memo of the application.
Heard Sri Viresh Mishra, Senior Advocate assisted by Sri Kamlesh Kumar Tiwari, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant has no any concern with the alleged incident. It is further submitted that after lodging the first information report the applicant and two others filed a Criminal Misc. Writ Petition bearing No. 24228 of 2016 for quashing the first information report dated 26.10.2016, the Hon'ble court was pleased and granted an interim order for not arresting the applicant till submission of the police report. The copy of the aforesaid order dated 25.11.2016 has been annexed as Annexure No. 2 to the affidavit filed in support of 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 05.09.2017. It is further submitted that the criminal history of the applicant has been properly explained in para 14 and 15 of the affidavit filed in support of bail application.
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 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 Prakash Singh @ Vinay involved in Case Crime No. 134 of 2016, under Section 420/467/468/471/120-B I.P.C., Police Station Basai Jagner, District Agra 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 :- 23.2.2018 Arti Sharma