Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34123 of 2019 Applicant :- Balram Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely Babu Salauddin Hazi Malik and Hazi Afsar Malik alleging that on 25.9.2013 they killed Banti (son of complainant). According to postmortem report cause of death was found strangulation and hyoid bone was found fractured. After investigation, Investigating Officer noted that compromise has taken place between complainant (father of deceased) and named accused persons. After one year of incident, the name of applicant was surfaced and charge sheet has been submitted against him. It was found that there was illicit ration between sister of applicant and deceased due to which this incident was done.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Compromise has taken place between complainant (father of deceased) and named accused persons. Applicant was not named in the F.I.R. After one year of incident, the name of applicant was surfaced after thought and due legal consultation. Nothing was recovered from the possession of applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 29.5.2019 (more than two and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Balram involved in Case Crime No. 659 of 2013, under Sections 302, 201 IPC, Police Station South, District Firozabad be released on bail on furnishing a personal bond and 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 22.8.2019 A. Singh