Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6416 of 2019 Applicant :- Brijesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Tewari,Janardan Prasad Tripathi,Sanjay Pathak Counsel for Opposite Party :- G.A.,Mahabir Yadav,Najakat Ali,Syed Ahmed Faizan,Zain Abbas
Hon'ble Umesh Kumar,J.
Applicant- Brijesh Kumar seeks bail in Case Crime No. 417 of 2018, under Sections 460 and 411 IPC , Police Station Atrauli, District Aligarh.
Heard learned counsel for the applicant, learned Counsel for the informant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case; he is not named in the impugned FIR; the informant in his statement under Section 161 Cr.P.C recorded by the police has expressed suspicion on the son of his uncle namely Mohit Sharma and not on the applicant; the name of the applicant for the first time has come in light on the confessional statement of co-accused Mohit Sharma on whom suspicion was shown; the alleged recovery of stolen articles from the possession of applicant is fake and fabricated; in the post mortem report of deceased-Kishan Lal Sharma, cause of death is shown " coma and shock as a result of anti mortem CVA"; and therefore, the prosecution version that on resistance during theft/loot, father of informant was killed by the accused has no legs to stand. It has been further submitted that applicant is in jail since 30.08.2019 having no criminal history to his credit.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant 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 shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. 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 :- 21.8.2019 Shahid