Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19471 of 2018 Applicant :- Budhisagar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for State.
It is contended by learned counsel for the applicant that the deceased namely, Anil was working as a labour in the tent house of the applicant for the last four years and on 03.03.2018 at about 10 P.M., the applicant informed the brother of the deceased namely, Vijay that the deceased is standing at a Petrol Pump near a tent house in a drunkard position, who was brought back and had slept but again in the night he went away and his dead body was found at a railway track. Learned counsel further contends that according to report of panch, the deceased died due to truncating by train, copy of the panchayatnama dated 04.03.2018 is annexed as Annexure-2 to the affidavit accompanying the bail application, and that neither there is any motive for the applicant to commit the offence nor there is nothing on record to connect the applicant in commission of alleged offence. It is next argued that the applicant is neither a previous convict nor he has any previous criminal history and that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 06.04.2018.
Learned A.G.A. has opposed the bail prayer of the applicant.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Budhisagar involved in Case Crime No. 75 of 2018, under Sections 147, 323, 306, 504 I.P.C., Police Station Nautanwa, District Maharajganj, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 30.5.2018 S.Ali