Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20463 of 2019 Applicant :- Bhoora @ Bhoorey Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Bhoora @ Bhoorey Lal, for bail in Case Crime No. 25/2019, under Sections 302, 120 B I.P.C., P.S. Chharra, District Aligarh.
Heard learned counsel for the applicant and learned AGA for the State and perused the record. No one is present on behalf of the informant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Learned counsel further submits that no eye witness has been shown to the alleged incident in the FIR and only on the basis of suspicion, the applicant was named in the FIR. Learned counsel further submits that dead-body of deceased was found at the roadside (Patri) leading towards Sunpahor. Learned counsel further submits that whole prosecution story is based on last scene and circumstantial evidence and the alleged recovery of 'chura' is also doubtful, as no independent witness has been shown by the police party. Learned counsel further submits that the applicant is a law abiding person, he is a government employee and is in jail since 18.02.2018. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
From perusal of the record it transpires that there was no independent witness of the incident.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Bhoora @ Bhoorey Lal, involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) 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 file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 17.12.2019 S.K.