Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15517 of 2018 Applicant :- Bhopal alias Gopal Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Khanna,Amber Khanna Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant Gupta,J.
The first bail application was decided on merits on 28.3.2013, whereby the bail application was rejected.
This is a second bail application.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submitted that no specific role has been assigned to the applicant of causing murder of the deceased. The incident is said to have occurred in the midnight hours of 5.3.2016 but the FIR has been lodged after eight and half hours but no plausible explanation has been given with regard to inordinate delay. He further submitted that the co-accused Mahendra Pal, who was declared juvenile, was assigned the role of pressing the hand of the victim at the time of the alleged incident, has been released on bail by this Court in Criminal Revision No. 3411 of 2017. He further submitted that there is material contradiction in the statement of the alleged eye-witnesses which makes the prosecution story unreliable. While referring to the testimony of P.W. 1, Neelam, he has stated that she has neither supported the prosecution case nor has stated in the court that the offence was committed by the applicant, who was present in the court when her evidence was being recorded. He further submitted that there is no credible evidence against the applicant to show his complicity in the commission of the alleged offence. He further submits that the applicant has not committed the offence as alleged by the prosecution and the present prosecution has been launched maliciously just to harass, victimise and exert undue pressure on him. He further submits that there is no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence. It is further submitted that if the accused-applicant is released on bail, he will never misuse the liberty of bail. The applicant does not have criminal history and is in jail since 6.3.2016.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Bhopal alias Gopal involved in Case Crime No. 80 of 2016, under Sections 302, 307 & 452 I.P.C., Police Station Devraniya, District Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 vinay