Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38894 of 2021 Applicant :- Asif Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant; Sri Tripurari Pal learned counsel for the informant as well as Sri Nagendra Kumar Srivastava , learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Asif with a prayer to release him on bail in Case Crime No. - 148 of 2021, under Sections - 396, 412, 201 I.P.C., Police Station - Ughaiti, District - Budaun, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 12.7.2021, the applicant is in confinement since 13.7.2021.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the FIR was lodged against unknown persons upon recovery of the dead body; statement of the father-in-law of the first informant namely Kallu Mistri was recorded by the police on 12.7.2021, however he did not name the applicant as the person last seen with the deceased, in that statement; solely on the basis of some written tehrir given by the informant claiming to have derived knowledge of last seen from Kallu Mistri, the applicant has been proceeded against; at present confessional statement is the only basis for the prosecution to proceed against the applicant; recovery of container is stated to have been made from a public place and wrongly attributed to the present applicant as it is an object which was in plain sight of everyone.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and or the informant that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Faraz