Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8326 of 2018 Applicant :- Arvind Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kumar Mishra,Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today on behalf of the State, which is taken on record.
Heard Sri Indra Kumar Chaturvedi, learned Senior Counsel, assisted by Sri Pavan Kumar Mishra, learned counsel for the applicant and learned AGA for the State and perused the record.
Present FIR was lodged by Sri Umesh Kumar, who is the Pradhan Gram Jalalpur alleging that one dead body was lying in the field of Sugar Cane of Raj Kumar. Subsequently during the investigation it was found that dead body was of Satwati. On 09.11.2017 the statement of Mangaram was recorded under Section 161 Cr.P.C. in which he stated that deceased was daughter of Elam Chandra; she was aged about 35 years and unmarried; she got some illicit relationship with some one, hence Elam Chandra and his son Sanjeev with the held of present accused Arvind made plan of murder of Satwati and subsequently they have committed her murdered and dead body was thrown in the field of Raj Kumar. According to postmortem report incised wound and some other injuries were found on the body of the deceased.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; applicant is not named in the FIR; there is no eye witness account; case is based on circumstantial evidence and no chain have been established against the applicant; his name came in the present case on the basis of suspicion of her illicit relationship with the deceased; he is languishing in jail since 10.11.2017 (more than 5 months) having no criminal history. if he is released on bail he not misused the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that there is criminal history against this accused person.
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 the applicant Arvind involved in the Case Crime No.451 of 2017, under Sections 302, 201, 120-B, I.P.C., Police Station Adarsh Mandi, District Shamli, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 25.4.2018 VKG