Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34053 of 2018 Applicant :- Ashok Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.,A1390
Hon'ble Rajul Bhargava,J.
Counter affidavits filed by learned A.G.A. and learned counsel for the informant are taken on record.
Rejoinder affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Kamlesh Kumar Tiwari, learned counsel for the applicant, Sri Gaurav Singh, holding brief of Sri Ashok Kumar Singh, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Ashok Kumar in Case Crime No. 159 of 2018, under Sections 302, 376-D, 414, 120-B, 34 I.P.C., Police Station- Bansgaon, District- Gorakhpur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that the applicant is not named in the first information report. The F.I.R. was lodged by the brother of the deceased against unknown accused alleging that the deceased has been done to death by strangulation. After registration of F.I.R., in the statement recorded under Section 161 Cr.P.C., he repeated the same version as stated in the F.I.R. Then, after five days of the incident his second statement was recorded in which he suspected the hand of the applicant in the murder of his sister on the basis of some enmity. It is further stated that other evidence appearing against the applicant is of recovery of chain of the deceased from his possession and on the fateful day the applicant and co-accused Waseem were seen coming from the side of place of occurrence. It is stated that except the aforesaid vague evidence, there is no reliable evidence to connect the applicant with the present crime. So far as the recovery of chain of the deceased is concerned, it has been planted by the police after one month of the murder. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 26.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A.as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the applicant and submitted that the applicant has strong motive to eliminate the deceased. Therefore, he is not entitled to be enlarged on bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Ashok Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 30.10.2018 Vikas