Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7105 of 2015 Applicant :- Bhuri @ Bhuriya Opposite Party :- State Of U.P.
Counsel for Applicant :- A.N. Pandey,R.B. Singh,Vikrant Neeraj Counsel for Opposite Party :- Govt. Advocate
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 535 of 2014, under Sections 302/394 IPC, Police Station Gandhi Park, District Aligarh during the pendency of trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive on his confessional statement, which is inadmissible in evidence. The FIR was lodged against unknown persons that two persons having armed with firearm weapons and one with knife had barged into the house of the complainant with the intention to commit theft. When one of the miscreant was trying to take the ear rings of the complainant, the son of the complainant had resisted, at this, one miscreant had fired upon him. Thereafter he was taken to the hospital where he succumbed to his injuries. All the accused persons escaped from the spot after taking Samsung Mobile and ear rings of the complainant leaving their slipper and a knife It is further submitted that the name of the applicant has surfaced when he was arrested on 25.10.2014 and since then he is in jail. During the course of trial the complainant has not supported the prosecution case. It is pointed out that co-accused Pramod Kumar who is said to have involved in the present case, has already been granted bail by another Bench of this Court on 24.8.2017. It is further submitted that the trial is not proceeding swiftly rather it is proceeding in snail's pace culminating into abridgment of the life and liberty of the applicant. All the prosecution witnesses have turned hostile and as such there are remote chance of conviction of the applicant.
Per contra learned A.G.A. has opposed the bail prayer of the applicant and has contended that the applicant has several criminal cases to his credit whereas the said co-accused who has been granted bail has no criminal antecedents. It is further submitted that the applicant and other accused persons have committed ghastly murder of the complainant's son. Therefore, the applicant does not deserve to be enlarge on bail. In case, the applicant is enlarged on bail, he will try to protract the trial which is going in natural manner and will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Bhuri @ Bhuriya involved in aforesaid crime 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 that :-
1. The applicant will not indulge in any offence in future and appear before the police station concerned in the first week of every month to show his good conduct.
2. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the course of trial.
3. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
4. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.2.2018 M. Tariq