Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15073 of 2018 Applicant :- Akhilesh Kumar Maurya (Minor) Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Jitendra Maurya @ Lallan, Akhilesh and Mithlesh alleging that on 11.12.2016 they assaulted Vinod Maurya with 'lathi-danda' and took him with them. His dead body was found in river 'Belan'. According to post mortem report, cause of death was ante mortem injuries as well as drowning.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 13.12.2016(more than one year and four months) having no criminal history; he is student of B.Sc. Part I and a young boy; he has been falsely implicated in the present case; there is no legal evidence against this accused; co-accused Mithlesh has been enlarged on bail from Juvenile Court; there is no recovery at the pointing out of this accused; recovery has been shown from the possession of Jitendra Maurya @ Lallan; there was no independent witness; there is no possibility to get this case decided in short period in future; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Akhilesh Kumar Maurya involved in Case Crime No.405 of 2016, under Section 304, 201 IPC, Police Station Ghorawal, District Sonbhadra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.4.2018 P.P.