Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13299 of 2019 Applicant :- Ashik Babu Alias Yadav Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Misra
Hon'ble Umesh Kumar,J.
Applicant- Ashik Babu alias Yadav Singh seeks bail in Case Crime No. 590 of 2018, under Sections 302 and 201 I.P.C., Police Station- Sirsaganj, District- Firozabad.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case due to rivalry; the F.I.R. was lodged against unknown persons on 8.10.2018 and subsequently on 10.10.2019 wife of the deceased moved an application stating that her jeth- Ajeet has informed her that deceased was seen with three persons namely Ashik Kumar (applicant), Ajaydeep and brother-in-law of Ajaydeep namely Tuntun, on the basis of which the applicant was arrested; the alleged recovery of sleeper and brick is planted and fabricated; the confessional statement of the co- accused Arjun alias Tuntun recorded by the police is inadmissible; this is a case of circumstantial evidence but none is named in the F.I.R.; the chain of the circumstances is not complete moreover facts of the case do not corroborate the post-mortem report; there is no independent witness of the alleged incident and recovery; it has been further submitted that applicant has no criminal history and he is in jail since 12.10.2018, and in case he is granted bail he will not misuse the liberty, terms and conditions imposed by this Court. On these grounds bail has been prayed.
Bail has been opposed by learned A.G.A.on behalf of the State.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He shall cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.9.2019 S.Verma