Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35322 of 2019 Applicant :- Ashwani Opposite Party :- State of U.P.
Counsel for Applicant :- Satish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant Ashwani with the prayer to release him on bail in Case Crime No.787 of 2018 (S.T.No.108 of 2019), under Section 302 IPC, Police Station Karhal, District Mainpuri during the pendency of the trial.
The allegation in the FIR which was lodged by the informant- Heena wife of the deceased Amjad is that on 24.12.2018 at about 2.00 pm her husband had gone to the shop of his brother- in- law- Afzal situated at Gadhiya Chauraha and till evening when he did not return back she asked her brother Afzal about her husband thereafter he told that Amjad had gone to take his money Rs.80,000/- from the applicant and co-accused Monu alias Gyanendra Mishra. Thereafter on 26.12.2018 she received information that the dead body of her husband was lying in the wheat field in village Ranipur. The allegation is that it is the applicant and one co-accused Monu who have committed the murder of the deceased.
Learned counsel for the applicant submitted that the allegation in the FIR is based on the information of Afzal- brother of the informant. Learned counsel for the applicant further submitted that the applicant is an innocent person and has been falsely implicated in this case; No specific role has been attributed to the applicant. Learned counsel for the applicant next submitted that in case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 29.12.2018.
Learned A.G.A. has opposed the prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant Ashwani involved in Case Crime No.787 of 2018 (S.T.No.108 of 2019), under Section 302 IPC, Police Station Karhal, District Mainpuri be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 28.11.2019 N Tiwari