Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7337 of 2018 Applicant :- Banti @ Vikas Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh,Devesh Vikram Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved under section 439 Cr.P.C seeking bail in Case Crime No.155 of 2015 under sections 302/201 I.P.C., Police Station Ahmadgarh, District Bulandshahr, during the pendency of trial.
As per FIR, the prosecution case is that the husband of the first informant who was a truck driver had gone out of his house at 7.00 A.M. on 5.7.2015 saying that he would return soon and thereafter did not come back. When search was made, his dead body was recovered from a well situated near a temple with an amount of Rs.40,000/-.
The contention of the learned counsel for the applicant is that the second wife of the deceased has lodged FIR in this case. The son of the first wife Tushar has sated that Dolly was a person of loose character and she had got her husband murdered with the help of her friend (Rohit), brother Banti (present accused) and Deepak who also belonged to the same village. Deepak, who is a co-accused has been granted bail. The sole evidence is confessional statement that of the applicant and statement of the first informant against the present accused. Only one knife is alleged to have been recovered at the pointing of the present applicant which did not have blood stains on it. There is no credible evidence on record linking commission of this offence to the present accuse. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 8.7.2015. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts. He has also apprised the court that there are no call details gathered by police of the present accused for having talked to the deceased.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the facts of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, the role of the present accused is comparable with the role of co- accused, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Banti @ Vikas Tyagi involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.2.2018 AU