Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11907 of 2018 Applicant :- Vivek Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,D.R.Chaudhry,Desh Ratan Chaudhary Hon'ble Vivek Kumar Singh,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that in the first information report general allegation of assaulting the victim with lathi and country made pistol against four persons including the applicant. He next submitted that as per statement of the injured, copy whereof has been filed as annexure-SA2 to the supplementary affidavit the applicant is said to have assaulted with danda to which no injury has been caused to the injured. The injury report of the injured shows that the injuries sustained by the injured are on non-vital part and they are not dangerous for life. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He lastly submitted that the applicant has no criminal history. 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 20.2.2018.
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 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 involved in Case Crime No. 519 of 2017, under Sections 307, 323, 504 and 506 I.P.C., P.S. Anoopshahar, district-Bulandshahar 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 :- 31.5.2018 Faridul