Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8441 of 2017 Applicant :- Bijendra Saini Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 438 of 2016, under Sections 302, 201 I.P.C., P.S. Sector-39 NOIDA, District Gautam Budh Nagar.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; the applicant has no role to play in the controversy in issue, F.I.R. has been lodged on the basis of hearsay; there is no eye-witness account which may show any active participation of the applicant in the alleged crime; the applicant is languishing in jail since 17.05.2016 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned AGA has opposed the bail application of the applicant.
In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Bijendra Saini involved in the aforesaid case 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 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 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 complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 19.4.2017 A. Tripathi