Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27569 of 2020 Applicant :- Ankit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Counter affidavit said to be filed in the registry is not on record. Office to trace the same and place it on record.
On the request of learned counsel for the parties, present bail application is being decided at this stage itself on the basis of counter affidavit supplied by the learned AGA.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Offence under Section 304 IPC is not attracted in the matter. Medical evidence does not support the prosecution version. No injury was found on the body of deceased. Viscera has been preserved but FSL report is not submitted till today. The applicant has no criminal history. He is languishing in jail since 16.4.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and 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 the applicant Ankit Kumar involved in Case Crime No. 151 of 2020, under Section 304 IPC, P.S. Behat, District - Saharanpur be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.4.2021 safi