Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20845 of 2018 Applicant :- Anand Kumar Shukla @ Sumit Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Tribhuwan Singh,Anil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 10.11.2017 against unknown persons alleging that on 31.10.2017 one unknown dead body was recovered, subsequently dead body was identified as of Mangal. During investigation, six accused persons Usman Ali, Arun Katiyar, Mohd. Rasid @ Raja, Mohd. Javed Khan, Anand Kumar Shukla @ Sumit Shukla and Sonu Singh Yadav were arrested by the police. One country made pistol was recovered on the pointing out of co-accused Usman Ali; one country made pistol was recovered on the pointing out of co-accused Arun Katiya; one country made pistol and Rs. 35,000/- were recovered on the pointing out of co-accused Mohd. Rasid @ Raja; one country made pistol and Rs. 30,000/- were recovered on the pointing out of co-accused Mohd. Javed Khan; one mobile and Rs. 250/- were recovered on the pointing out of applicant and one country made pistol and Rs. 25,000/- were recovered on the pointing out of co-accused Sonu Singh Yadav.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case by police. Applicant was not named in the F.I.R. Offences levelled against the applicant are not attracted in the present case. Recovery of Rs. 250/- and one mobile are falsely planted by the police personnel, it does not connect with this offence. According to postmortem report, cause of death was found strangulation. He is languishing in jail since 14.12.2017 (more than five and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Anand Kumar Shukla @ Sumit Shukla involved in Case Crime No. 1397 of 2017, under Sections 396, 412, 201 IPC, Police Station Bhoganipur, District Kanpur Dehat 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 :- 31.5.2018 A. Singh