Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57801 of 2019 Applicant :- Avinash @ Avnish Bajpai Opposite Party :- State of U.P.
Counsel for Applicant :- Sushila Singh,Amit Daga,Satya Dheer Singh Jadaun,Saurabh Kumar Pandey,Vinay Sharma Counsel for Opposite Party :- G.A.,Mukesh Joshi
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned counsel for informant as well as the learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Initially in the matter F.I.R. was lodged for the offence under Section 302 IPC but after investigation charge sheet was filed only for the offence under Section 306 IPC against the applicant. Other accused named in the F.I.R. were exonerated. No prima facie case is made out against the applicant. Deceased committed suicide. Injuries said to have been found on the body of deceased in the post mortem report were not caused by the applicant. The applicant has no criminal history. He is languishing in jail since 12.10.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for informant and the learned AGA opposed the prayer for bail and submitted that deceased was done to death by the accused persons. A number of injuries were found on the body of deceased. A prima facie case is made out.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Avinash @ Avnish Bajpai involved in Case Crime No. 1043 of 2019, under Sections 306, 506 IPC, P.S. Naubasta, District - Kanpur Nagar be released on bail on furnishing a personal bond and two heavy 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 evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.10.2021 safi