Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15879 of 2018 Applicant :- Anees Opposite Party :- State Of U.P. Counsel for Applicant :- Ansar Ahmad 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, missing report of Sonu Jadaun @ Amit was submitted by his wife namely, Soni Jadaun on 4.12.2017 and same day FIR was lodged by SI Ganga Das Gautam alleging that accused Monu @ Anoop Singh, Kush Verma @ Yash Verma, Mukesh Kumar, Anish Khan, Akash Tiwari @ Golu and Nitin Dixit killed him with the help of wife of deceased Soni due to illicit relationship between Monu @ Anoop and wife of deceased. Till date, dead body is not recovered and charge sheet against seven accused including wife of deceased has been submitted.
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 5.1.2018(more than three and half months) having no criminal history. During investigation it was found that Monu @ Anoop and Mukesh Kumar shot fire at deceased. Father of deceased also stated against Monu @ Anoop and Mukesh Kumar. Kush Verma was friend of Monu @ Anoop. Role of this accused is extended only to provide his own wagon-R car to Monu @ Anoop due to friendship, hence there is no legal evidence against this accused. 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 Anees involved in Case Crime No.837 of 2017, under Section 147, 302, 364, 201, 120-B, 34 IPC, Police Station Bharthana, District Etawah 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.