The High Court allowed bail to the applicant under Sections 307, 504, and 506 IPC, finding no reasonable apprehension of tampering with witnesses and noting delays in the prosecution's FIR.
Release on bail with a personal bond and two sureties in the like amount subject to standard conditions of trial attendance and no tampering with witnesses.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16700 of 2018
Applicant :- Sajid @ Gandhi Opposite Party :- State Of U.P. Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Aishwarya Pratap Singh, learned counsel for the applicant and learned A.G.A appearing for the State.
Learned counsel for the applicant has submitted that no reason has been given for the delay in lodging the F.I.R which creates doubt on the prosecution version. The applicant has been falsely implicated in the present case due to village party bandi. That there is no independent witness of the alleged incident that no role of the applicant has been assigned in the offence that neither applicant had been arrested from the place of occurrence, nor anything has been recovered from his possession. 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 6.4.2018.
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 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.
Let the applicant Sajid @Gandhi involved in Case Crime No. 310 of 2018 under Sections 307,504,506 IPC and Section 3 (2) 5 S.C./ S.T Act P.S. Qwarsi, District Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court with the following conditions.
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 :- 13.8.2018 Nadeem Ahmad
1 issue framed by the court
Whether the applicant is entitled to bail considering the delay in lodging the FIR and lack of independent witnesses?
Sajid @ Gandhi
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
