Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43382 of 2018 Applicant :- Chandrapal Alias Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel further submits that this is a case of circumstantial evidence and chain of evidence is not complete. He also submits that FIR of the incident dated 26.7.2018 was lodged on 31.7.2018 after an inordinate delay for which no plausible explanation has been tendered by the prosecution. The role assigned to the applicant is that he was the driver of the car in which dead body was allegedly taken away for disposal. Learned counsel lastly submitted that even if the case of the prosecution is taken as true, the case against the applicant shall not travel beyond second 201 IPC. The applicant is languishing in jail since 19.8.2018. He does not have any criminal history to his credit. In case the applicant is released on bail he will not misuse the liberty of bail. Learned counsel submits that case of the applicant is distinguishable from that of co-accused.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Chandra Pal, involved in case crime No. 363 of 2018, under Sections 302, 364, 201, 120-B IPC, PS Adampur, district J.P. Nagar (Amroha), 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 :- 27.11.2018 Ishrat