Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17438 of 2019 Applicant :- Bhollar @ Sumit Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged on 9.9.2018 at 19.15 hours by Majendra Singh Pawar after recovery of dead body of the deceased. In the first information report it has been mentioned that the applicant and the co- accused Sumit took away the deceased on 8.9.2018 at about 7.15 p.m. with them. There were also seen standing at crossing thereafter the dead body of the deceased was found near a pond at Nohai Mandir in a sugar cane field. There is no eye witness of the alleged occurrence. The applicant has no motive to commit the alleged offence. The illicit relation has been shown in between the sister of co-accused Sumit and Monu, the cousin of the deceased. It is said that the deceased has threatened to Sumit. The applicant is not a family member of the the co -accused Sumit. He has no concern with the family of co- accused Sumit and has been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 5.1.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Bhollar @ Sumit involved in Case Crime No. 461 of 2018 under Section 302, 201, 34 IPC Police Station Doghat District Baghpat 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 26.4.2019 Gss