Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41479 of 2018 Applicant :- Anuj Gupta @ Vakil Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Manish Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.266 of 2017, under Sections 304 & 328 IPC, Police Station Bhawanpur, District Meerut, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the case of prosecution against the applicant rests on circumstantial evidence. The only allegation made against the applicant is that the applicant and other co-accused had gone along with the deceased in his Tempo on 29.7.2017 at 7 A.M. Thereafter the deceased was found unconscious and then he died in the Hospital. In the first information report, it is alleged that it appears that the applicant, who is a practising lawyer and three others had administered some poisonous substance to the deceased on account of which he died. It is stated that except bald and vague allegations of administering poison to the deceased, no other evidence against the applicant has been collected during investigation. In the postmortem report, no external injury has been found. Since the cause of death could not be ascertained, the viscera was preserved and viscera report has not been received so far. It is argued that there was no motive for the applicant to murder the deceased as he was merely a tempo driver. Lastly, it is submitted that the applicant, who is languishing in jail since 13.8.2017, having no criminal antecedents to his credit, deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Anuj Gupta @ Vakil, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 31.10.2018 Hasnain