Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40159 of 2018 Applicant :- Ajay Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Deo Shukla,Amit Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Suraj Kumar Singh has filed vakalatnama on behalf of the informant, which is taken on record.
Heard Sri Narendra Deo Shukla, learned counsel for the applicant, Sri Suraj Kumar Singh, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Ajay Patel in Case Crime No. 77 of 2018, under Sections 302 & 506 I.P.C., Police Station- Soraon, District- Allahabad with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is not named in the first information report. However, after sixteen days of the incident, during the course of investigation, the I.O. interrogated several persons of vicinity who stated that the applicant and co-accused Sarva Jeet Patel had taken the deceased along with them. Learned counsel for the applicant states that no value can be attached to this alleged evidence of last seen. Besides it, a bicycle belonging to the deceased is shown to have recovered from the house of the applicant after sixteen days. It is argued that it is highly improbable that if the applicant was involved in the incident, he would not have kept the bicycle in is own house. Except this circumstance, there is no other evidence against the applicant to connect him with the present crime. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 03.05.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the recovery of bicycle from the house of the applicant itself shows that the applicant had taken part in this incident.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Ajay Patel be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.10.2018/ Vikas