Court No. - 75
1. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24797 of 2015 Applicant :- Brij Nandan @ Sampul Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- Govt. Advocate
2. Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45550 of 2015 Applicant :- Chhotey Lal @ Arvind Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Singh,Dharmendra Dhar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have no concern with the present offence. Though cause of death has been shown as septicemia as a result of ante-mortem burn injuries yet when prosecution witnesses were examined before Court, none of them have levelled any allegation against the present applicants and even Harveer Singh, whose name was mentioned as eye account witness in the dying declaration said to have been recorded of the deceased, has also not supported the prosecution case. At this juncture, learned counsel for applicants referred to statements of prosecution witnesses examined before Court on oath and submitted that there remains only dying declaration which is a suspicious document. Both applicants are Chachiya Sasur. Allegations are false. Almost all prosecution witnesses have been examined. There is no chance of tampering the evidence or threatening the witnesses. Applicants have no criminal history. They are languishing in jail since 27.9.2014 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Brij Nandan @ Sampul and Chhotey Lal @ Arvind involved in Case Crime No. 183 of 2014, under Sections 302, 120-B IPC, P.S. Bewar, District - Mainpuri be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Copy of this order be also placed on the record of Criminal Misc. Bail Application No. 45550 of 2015.
Order Date :- 26.4.2019 safi