Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32561 of 2020 Applicant :- Akash Giri And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Arunesh Kumar Singh,Manvendra Kumar Yadav Counsel for Opposite Party :- G.A.,Dilip Kumar Goswami,Upendra Kumar Mishra
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicants, Akash Giri, Kishan Ansari @ Samullah, in Case Crime No. 139 of 2020, under Section 304 IPC, Police Station-Ram Kola, District- Kushinagar.
Learned counsel for the applicant argued that the accused- applicants are innocent; they have been falsely implicated in this very case crime number and is languishing in jail since 10.08.2020; occurrence was of 09.06.2020 and first information report was got lodged on 17.06.2020 i.e. after delay of 08 days with no cogent reason for delay and accused persons named were Saleem, Vinay, mother of Saleem and one unknown i.e. both of applicants were not named in the FIR; subsequently, on the basis of statement of persons of village, which was on hearsay and alleged confessional statement, name of applicants were surfaced; both of them were apprehended and are languishing in jail, whereas informant Vidai Giri, in his testimony before trial court, has specifically said that who, did this occurrence, is not known to him and name of applicants told on the basis of hearsay of others; they are of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA and counsel for the informant has vehemently opposed with this contention that there is statement under Section 161 Cr.P.C. of witnesses, who had seen the applicants with Sukai in the canal.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants, Akash Giri, Kishan Ansari @ Samullah, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail.
Order Date :- 17.12.2021 Dhirendra/