Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38975 of 2021 Applicant :- Amit Opposite Party :- State of U.P.
Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Amit, in Case Crime No. 281 of 2021, under Sections-302, 34 I.P.C. P.S. Dadari, District- Gautam Buddh Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 10.6.2021; he is of one criminal antecedent, wherein he is on bail; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; this report was got lodged on the next day of occurrence by Mahesh Bhatt, against wife of deceased and her aide assailants, for commission of murder of deceased; subsequently, some informer of police disclosed the occurrence to be committed by three accused persons including applicant; who was that informer was not there and on the basis of this information, informant was again examined and he too gave the same contention as informer has said; subsequently, the named accused and suspected accused were set at free and this applicant and two others were said to have been committed that murder; one eyewitness account was developed, who said about one accused Sonu and presence of applicant and one other at above spot but as he was said to be boarded in that car but had not disclosed for all that more than one month; extra judicial confession and thenafter recovery of a tamancha is there but no such confession was ever made nor any tamancha was so recovered nor complicity of that tamancha with above occurrence could be established; it is a false implication. Hence, bail has been prayed for.
Learned AGA has vehemently opposed with this contention that extra judicial confession with regard to use of tamancha recovered form applicant is there.
Having heard learned counsels for both sides and gone through materials placed on record, it is apparent that applicant was not named in the first information report, which was got lodged after one day of occurrence; his name was surfaced in the statement of informer, who too was a hidden one.
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 applicant, Amit, 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 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 :- 24.12.2021 Kamarjahan