Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27827 of 2017 Applicant :- Anuj Kumar Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Vashisth,Atul Kumar Tiwari 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 against applicant alleging that on 16.2.2016 applicant and deceased were consuming wine and Anuj Kumar Pandey killed Ramesh Mishra (brother of complainant) on the basis of suspicion that Ramesh Mishra has made complain to owner of factory as well as Super wiser. According to postmortem report, eight injuries were found on the body of deceased.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged on the basis of suspicion only after thought and due legal consultation. Incident took place at night, nobody has seen the incident. It is admitted fact that deceased and applicant were labours in the same factory and they were drinker also. After long time, two witnesses Anup Verma and Santosh Kumar Verma stated that deceased was last seen with the applicant. Nothing was recovered on the pointing out of applicant. Offences levelled against the applicant are not attracted in the present case. There is no independent/eye witness account against the applicant. There is no possibility to get this case decided in short period in future. He is languishing in jail since 18.2.2016 (more than three years and two month) 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 Anuj Kumar Pandey involved in S.T. No. 625 of 2016 as well as Case Crime No. 204 of 2016, under Section 302 IPC, Police Station Sahibabad, District Ghaziabad 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 :- 26.4.2019 A. Singh