Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39220 of 2020 Applicant :- Afzal Opposite Party :- State of U.P.
Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- G.A.,Sudhanshu Singh
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Afzal in Case Crime No. 310 of 2020, under Section 302 I.P.C., P.S.- Aonla, District - Bareilly.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. Further submission is that the case is totally based on circumstantial evidence of last seen and there is no evidence supporting the case. Further submission is that nothing incriminating has been recovered from the applicant. It is further submitted that applicant has no criminal history. Further submission is that charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds and therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 19.07.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer of bail. They have however not disputed the aforesaid facts and have submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the fact that the case is totally based on the circumstantial evidence of last seen and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Afzal be released on bail in Case Crime No. 310 of 2020, under Section 302 I.P.C., P.S.- Aonla, District - Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 he 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 :- 6.1.2021 Bhanu