Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15901 of 2018 Applicant :- Amit Opposite Party :- State Of U.P.
Counsel for Applicant :- Dr. Arun Srivastav 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, information of suicide was given to police by Ajaipal, father of deceased Babli on 9.11.2017. After one month, statement of one witness Suresh was recorded and he stated that he has suspicion against Amit and Dharmendra; there was some relation of deceased with Amit; hence, after investigation charge sheet was submitted against Amit and Dharmendra.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is languishing in jail since 14.12.2017(more than four and half month) having no criminal history. He is unmarried boy. There is no evidence against this accused. Name of this accused was surfaced only on the basis of suspicion. It is a case of suicidal death. There is no independent witness. 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 Amit involved in Case Crime No.522 of 2017, under Section 302 IPC, Police Station Baniather, District Sambhal 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 :- 30.4.2018 P.P.