The Single Judge allowed a bail application under CrPC. The applicant was accused of causing injury to a person involving affray and attempt to murder. The court granted bail with conditions and directed expedited trial.
Release on bail with personal bond and two sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19600 of 2018
Applicant :- Kamar @ Kamal Dada Opposite Party :- State Of U.P. Counsel for Applicant :- Pavan Kishore,Raj Karan Yadav Counsel for Opposite Party :- G.A.,R.K. Tiwari
Hon'ble Vivek Kumar Singh,J.
Heard Sri R.K.Yadav, learned counsel for the applicant, Sri R.K.Tiwari,learned learned counsel for the complainant and Sri S.S.Tiwari, learned A. G. A. for the State and perused the material on record.
According to the prosecution version FIR was lodged by the complainant against six persons including the applicant alleging that the applicant alongwith his other associates had encircled the injured and the applicant opened fire upon the injured and thereafter all the accused managed to flee away from the spot.
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 due to ulterior motive and he has committed no offence. It is next contended that the injured was admitted in the hospital on 2.7.2017 and was discharged on 7.7.2017. From perusal of the injury report it appears that no internal damage was caused on the person of the injured. Nothing incriminating material has been recovered from the possession of the applicant. Co-accused Haseeb and Khadim have been granted bail by the competent court, copies of which are annexed as annexxures 11 and 12 to the supplementry affidavit. 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 26.7.2017. It is pointed out by the learned counsel for the complainant that the applicant has criminal history of 22 cases. In reply thereto the learned counsel for the applicant submitted that in most of the cases the applicant has been bailed out or acquitted and some of these cases are pending before the trial court. The criminal history of some cases have been properly explained in paragraph 12 of the affidavit filed in support of the bail application and in paragraph 24 of the supplementary
affidavit.
Per contra, learned A. G. A. and learned counsel for the complainant have vehemently 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 Kamar @ Kamal Dada involved in Case Crime No. 390 of 2017 under Sections 147, 148, 149, 307, 387 I.P.C., police station Kotwali Nagar, District Banda 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.
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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously, preferably within a period of six months from the ddte of production of certified copy of the order, if there is no legal impediment.
Order Date :- 2.8.2018 IA
3 issues framed by the court
Whether the applicant is entitled to bail granted on furnishing a personal bond with two sureties under Sections 147, 148, 149, 307, 387 IPC.
Whether to direct the trial court to expedite the trial of the case within a period of six months.
Whether the applicant, having a criminal history of 22 cases, satisfies the requirements for bail considering the severity of accusation.
Kamar @ Kamal Dada
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
