Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46053 of 2020 Applicant :- Balram Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhanshu Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Balram in Case Crime No. 439 of 2019, under Sections 302, 201, 120B I.P.C., P.S.- Shivali, District - Kanpur Dehat.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. Further submission is that co-accused Shrikawal Yadav has already been released on bail by the coordinate Bench of this Court vide order dated 25.11.2020 in Criminal Misc. Bail Application No. 36748 of 2020 and the order has been produced for perusal. Further submission is that accused applicant was not named in the F.I.R. and the F.I.R. was lodged against unknown persons when dead body was recovered. Further submission is that at the time of inquest, the informant disclosed the name of Shrikawal Yadav showing suspicion that he must have committed offence. Further submission is that in the confessional statement of co-accused Shrikawal Yadav, the name of the present accused applicant came in light, there is no other evidence except the statement of co-accused and the co- accused has already been released on bail and bail order has been produced for perusal. It is further submitted that applicant has no criminal history and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 08.01.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Balram be released on bail in Case Crime No. 439 of 2019, under Sections 302, 201, 120B I.P.C., P.S.- Shivali, District - Kanpur Dehat, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 Bhanu