Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40984 of 2020 Applicant :- Abhishek Saini Opposite Party :- State Of U.P .
Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Sunil Vashisth, learned counsel for the applicant, Sri Sanjay Kumar Srivastava, learned counsel for the informant and learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Abhishek Saini with a prayer to enlarge him on bail in Case Crime No. 146 of 2020, under Section 302/34 I.P.C., Police Station Behsuma, District Meerut.
The submission of learned counsel for the applicant is that the applicant is in jail since 26.7.2020 and after investigation, police has submitted charge sheet against the applicant and there is no question of accused influencing the investigation. Further submission is that the whole case is based on circumstantial evidence of last seen and there is no independent or eye witness might have seen that the accused persons committed offence. It is further submitted that the applicant has been falsely implicated in this case. It is next submitted that co- accused Nikhil Singh Chaudhary has already been granted bail passed by coordinate Bench of this Court vide order dated 11.11.2020 passed in Criminal Misc. Bail Application No. 32912 of 2020. It is further submitted that accused applicant has no criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Upon hearing the submissions made by learned counsel of both sides, considering the contention made above, and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 5.1.2021 Mini