Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6508 of 2019 Applicant :- Bhola Opposite Party :- State Of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of this application, the applicant who is involved in Case Crime No. 240 of 2018, under Sections 302, 201, 376, 511 I.P.C. & 7/8 of Protection of Children from Sexual Offences Act, P.S.- Chandapa, District- Hathras, is seeking enlargement on bail during the trial.
It is contended by learned counsel for the applicant that the F.I.R. was lodged by the deceased's father nominating the applicant and the co- accused Irfan as accused on the basis of last seen evidence of one Shahrukh after her dead body had been discovered. No incriminating article was recovered either from the possession of the applicant or on his pointing out. He further contended that the applicant's case is clearly distinguishable from that of co-accused Irfan on whose pointing out, the knife used in committing the murder of the deceased was recovered. The prosecution tried to furnish the motive for the applicant to commit the murder of the deceased through the last seen evidence of Shahrukh who stated that before committing the murder of the deceased, the applicant and the other co-accused had attempted to commit rape upon her. No explanation is coming forth why the aforesaid fact did not find mention in the F.I.R. although the F.I.R. was lodged against the applicant on the basis of the information tendered by Shahrukh to the informant. He lastly submitted the applicant who has no criminal antecedents to his credit and is in jail since 06.11.2018, is entitled to be released on bail.
The prayer for bail has vehemently been opposed by learned A.G.A.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Bhola 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 in Case Crime No. 240 of 2018, under Sections 302, 201, 376, 511 I.P.C. & 7/8 of Protection of Children from Sexual Offences Act, P.S.- Chandapa, District- Hathras, subject to 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 default of any of the conditions enumerated above, the learned counsel for the informant is free to move an application for cancellation of bail before this Court.
However, it is directed that the aforesaid case crime number pending before the concerned court below be decided expeditiously, as early as possible in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgment of Hon'ble Apex Court in the case of Vinod Kumar v. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence.
Let a copy of the order be certified to the court concerned for necessary compliance.
Order Date :- 29.5.2019 KS