Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14808 of 2018 Applicant :- Bhavish Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four accused persons, namely, Bhavishya, Rajneesh, Gaurav and Saurabh alleging that deceased Teekam Singh was last seen with this accused on 03.05.2017, subsequently on 10.05.2017 the dead body of Teekam was found; after investigation the name of Rajneesh and Saurabh was found false; charge-sheet was submitted against Gaurav and Bhavishya.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the co-accused Gaurav has already been enlarged on bail by Co-ordinate Bench of this Court; there is no evidence against the applicant; it is a case of circumstantial evidence and no chain has been established; it is admitted fact that deceased had taken wine on the date of incident; on poly-graphic test no material evidence was found against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 02.01.2018 (more than three and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 the applicant Bhavish Tyagi involved in the Case Crime No. 145 of 2017, under Sections 302, 201 I.P.C., P.S. Garhmukteshwar, District Hapur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 23.4.2018 A. Tripathi