Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47121 of 2017 Applicant :- Amit Opposite Party :- State Of U.P. Counsel for Applicant :- J.P. Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Shri J.P. Pandey, Advocate, assisted by Sri Arvind Tripathi, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
According to prosecution case, First Information Report was lodged on 7.4.2017 against Aditya @ Babloo alleging that on 7.4.2017 deceased Neha went with this accused on 1.4.2017 and dead body was found; cause of death was asphyxia due to strangulation.
Learned counsel for the applicant submitted that co-accused Smt. Raziya and Smt. Seema have been granted bail by this Court vide order dated 3.8.2017 in Criminal Misc. Bail Application No. 24272 of 2017; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail; the applicant is languishing in jail since 10.4.2017 (about one year and half months); having no criminal history; he has been falsely implicated due to suspicion only; main role has been assigned to co-accused- Aditya @ Babloos; the applicant is not named in the F.I.R.; on the statement of Km. Swyeta, sister of Neha the names of six accused were surfaced; except Aditya @ Babloo, who is the main accused, all the accused have been granted bail by this Court; having no criminal history; in case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that he is not named in the FIR and his name surfaced for the first time in the statement of the witnesses recorded after the incident.
Considering the rival submissions of learned counsel for parties, material available on record, ground that applicant is not named in the FIR, the name came to light for the first time in the statement of witnesses recorded under Section 161 Cr.P.C., as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant are entitled to be released on bail.
Let applicant Amit be released on bail in Case Crime No. 103 of 2017, under Sections 302, 201, 120-B, 364, 368, 376, 419, 404 I.P.C, Police Station - Lalkurti, District - Meerut, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.5.2018 OP