Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6251 of 2015 Applicant :- Bablu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Rajeev Kumar Saxena Counsel for Opposite Party :- Govt. Advocate,Jag Narayan
Hon'ble Rajul Bhargava,J.
Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Bablu in Case Crime No.419 of 2014, under Section 302 I.P.C., Police Station Tirwa, District-Kannauj with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the case of the prosecution against the applicant rests on the circumstantial evidence. He was implicated in the present case on the basis of suspicion as he was working as a servant of the deceased. During investigation, the police has shown recovery of Phawra. It is stated in the memo of recovery that said phawra appeared to be blood-stained. However, there is no report from the serologist at this stage to show that recovered phawra was blood-stained. There is no early prospect of conclusion of trial. The applicant is a very poor person and is in jail since 30.08.2014, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
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-Bablu 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 :- 28.2.2019 MN/-