Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4146 of 2019 Applicant :- Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey,Dinesh Pratap Singh,Ramesh Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Counter affidavit filed today by the learned AGA, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that the applicant is not named in the FIR and his name surfaced in the case after thirteen months of the incident, as per the statement of the witness. Learned counsel for the applicant also contended that there is no specific role assigned to the applicant. Neither there is any circumstancial or direct evidence of the incident except an extra judicial confession before the Investigating Officer. It is also submitted that the co-accused, namely, Chiku @ Ravi and Vikas@Guddu@Gautam have been released on bail by the another Bench of this Court vide orders dated 24.8.2018 and 10.10.2018. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly contended by the learned counsel for the applicant that the applicant is in jail since 22.6.2018 and he is not a previous convict. In case, he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned AGA has vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid facts as stated by learned counsel for the applicant and it is also submitted that in case, the applicant is released on bail, he will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant-
Arjun involved in case crime No. 126 of 2017, under section 302 IPC, Police Station Janakpuri, District Saharanpur, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned on the following conditions that:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2019 AS