Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19888 of 2018 Applicant :- Vivek Kumar Sharma @ Viikky Pandit Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ashutosh Sharma, 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 against unknown persons alleging that on 10.10.2017 they shot fire on the complainant Narendra Kumar Jain but he escaped himself and no injury was caused to him.
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 there is no independent witness to support the prosecution version and the applicant is not named in the F.I.R.. It is further contended that no injury was found on the body of the complainant. There is inordinate delay in lodging the report for which no plausible explanation has been given by the prosecution. Nothing has been recovered from the possession of the applicant. General role of firing has been assigned to all the accused. It is also not known who is author of alleged injury. It is pointed out that the applicant has criminal history of four cases, which has been properly explained in paragraph nos. 16 & 17 of the affidavit filed in support of the bail application. Co-accused N.K.Arya having similar role to that of the applicant has already been released on bail by this Court, copy of which has been produced by the applicant's counsel which is taken on record, hence the applicant is also entitled to be released n 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 5.11.2017.
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 Vivek Kumar Sharma @ Viikky Pandit involved in Case Crime No.408 of 2017, under Sections 307, 506, 384, 468, 120-B, I.P.C., Police Station Galshaheed., District Moradabad 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