Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37245 of 2015 Applicant :- Brij Mohan Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Anand Ji Mishra, learned counsel for applicant and learned A.G.A. for State.
2. The present third bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.55 of 2013, under Section 302 I.P.C., Police Station-Phalawada, District-Meerut.
3. Learned counsel for applicant submitted that though applicant is named in FIR but it is on the basis of information received by Veerendra and Mahendra, who in their statements recorded under Section 161 Cr.P.C. have stated that they have seen deceased being taken by applicant and others but there is no eye witness of actual crime. Applicant has no criminal history. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 02.04.2013 and trial is still going on. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Brij Mohan, involved in Case Crime No.55 of 2013, under Section 302 I.P.C., Police Station-Phalawada, District-Meerut. be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 30.4.2019 Manish Himwan