Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14344 of 2019 Applicant :- Abrar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Abrar, who is involved in Case Crime No. 27 of 2019, under Sections 307, 34, 120-B I.P.C., P.S. Jalalabad, District Shahjahanpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; this case was initially lodged under Section 317 I.P.C. against unknown person upon report of informant, who had seen a living baby buried near a pond; subsequently, parents of that girl were apprehended and in their statement name of present accused-applicant was brought in light; there is no likelihood of his fleeing from course of justice or tempering with evidence and he is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of the first information reveals that it was lodged against unknown person by a stranger, who had seen a baby being live and buried near a pond. Subsequently, parents of baby were detected and co-accused Shadab, father of the baby, confessed his guilt and named present accused-applicant, upon whose advise this step was taken for getting the family ills cured.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Abrar, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.4.2019 NS