Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43900 of 2017 Applicant :- Ashok Opposite Party :- State Of U.P.
Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.,Rajeev Kr Srivastava
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by the learned A.G.A. is taken on record.
According to prosecution case, first information report was lodged on 27.5.2017 against three known persons and four unknown persons alleging that on 27.5.2018 deceased Nahar Sing was last seen with the accused and dead body was found, receiving one head injury.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case due to suspicion only and is languishing in jail since 29.5.2017 ( about one year); one case of criminal history has been explained; co-accused Subhash and Sonu were enlarged on bail vide orders dated 16.2.2018 and 5.3.2018 in Criminal Misc. Bail Application No. 5308 of 2018 and Criminal Misc. Bail Application No. 6879 of 2018 and the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail; there is no recovery on the pointing out of the accused; there is no eye witness account or independent witness against the applicant;; there is no legal evidence against the applicant; in case he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant and admitted that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
In view of the above argument and the manner in which the occurrence has been given effect, looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ashok involved in Case Crime No. 170 of 2017 (S.T. No. 669 of 2017), under Sections 147, 302, 506 IPC, Police Station Dauki, District Agra be released on bail on his furnishing a personal bond of Rs. 1,00,000/- 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. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 :- 30.5.2018 OP