Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4701 of 2019 Applicant :- Anshuman Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Phool Singh Yadav,Shabana Nizam Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Ms. Shabana Nizam, Advocate has filed a Supplementary Affidavit, which is taken on record.
Heard Ms. Shabana Nizam, learned counsel for the applicant and Sri Om Narain Tripathi, learned A.G.A. for the State.
Learned counsel for the applicant submitted that the applicant is in jail since 08.10.2018 and has no criminal antecedents, which fact is stated in paragraph 23 of the affidavit filed in support of the bail application. It is also submitted that the applicant is a student of Bachelor of Computer Application (BCA).
It is next submitted that the FIR has been lodged after four days of the alleged incident and from a perusal of the FIR it is evident that the information about drowning/death of the son of the informant was given at 5.00 p.m. on 28.09.2018 itself. It is next submitted that it is highly improbable, once there is enmity between applicant and the deceased, the deceased would accompany him to the river. It is also submitted that much before the FIR being lodged it was reported in the newspaper that three friends had gone to the river for bathing and all three were drowning when the residents in the area could save Anshuman Singh and Anand but could not save deceased Deepak. It is lastly submitted that FIR is an afterthought and only has been lodged to falsely implicate the applicant.
Without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant-Anshuman Singh, be released on bail in Case Crime No.426 of 2018, under Section 364 IPC, Police Station- Maharajpur, District-Kanpur Nagar, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.4.2019 RPS