Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40694 of 2016 Applicant :- Arjun @ Govinda Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contends that applicant has been falsely implicated; that it is wrong to say that applicant fetched deceased from his home in the evening of 10.10.2015; that confessional statement of applicant in police custody is not admissible in evidence; that as per autopsy report death of deceased is alleged to have been caused due to single incised wound over his chest which is not alleged to have been caused by applicant; that nothing incriminating has been recovered from applicant rather weapon of crime knife has been recovered at the pointing of co-accused Vikki; that applicant had no motive to cause death of deceased; that case of applicant is distinguishable from co-accused Vikki; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 13.10.2015.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Arjun @ Govinda be released on bail in Case Crime No. 1137 of 2015 under Sections 302/34 I.P.C., P.S. Sector-58 District Gautam Budh Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(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.
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 :- 30.1.2019 M. ARIF