Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31361 of 2018 Applicant :- Banke And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Parmeshwar Yadav,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Although they are named in the FIR lodged on 23.06.2018 regarding the offence said to have been committed on 08.06.2018 for the offence under Sections 302 and 301 IPC but during investigation, Investigating Officer has converted the case into the offence under Section 306 IPC. It is further submitted that applicants are not involved in the present matter. There is no connecting evidence collected by the Investigating Officer to attract the offence under Section 306 IPC. Deceased has committed suicide herself. Due to the reason mentioned in the affidavit, applicants were falsely implicated in the present matter. Applicants have no criminal history. They are languishing in jail since 24.06.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Banke and Azar involved in Case Crime No. 208 of 2018, under Section 306 IPC, P.S. Kothibhar, District - Maharajganj be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 24.6.2019 Sanjeet