Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10309 of 2018 Applicant :- Chandrapal @ Chanda Opposite Party :- State Of U.P.
Counsel for Applicant :- Ratish Kumar Singh,Jitendra Singh,Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 422 of 2015, under Sections 302, 120-B/34 IPC, P.S. Cantt., District- Bareilly, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case due to village party bandi. It is further submitted that the applicant is not named in the FIR. As per prosecution case, his name has been surfaced in the statement of Ram Sudhar and Ram Ratan. It is further submitted that the accused persons, who have been named in the FIR, have been exonerated by the Investigating Officer and the charge-sheet has submitted against three accused persons, namely, Chandrapal @ Chanda (applicant), Kasim and Satish Kashyap on the basis of statement of Sri Ram Sudhar and Ram Ratan recorded after 54 days of the occurrence. It is also submitted that Ram Sudhar and Ram Ratan are also not eye-witness of the incident. They have stated in their statement that they have seen co-accused Satish Kashyap, Kasim and applicant alongwith deceased on 24.11.2015 at about 7.30 P.M. It is further submitted that the applicant has been made an accused by showing a false recovery of Katta from his possession. The other co-accused persons of this case, namely, Kasim and Satish Kashyap have been granted by the co-ordinate Bench of this Court vide orders dated 11.8.2017 and 18.12.2017 in Criminal Misc. Bail Application Nos. 15920 of 2016 and 9450 of 2016 respectively. The applicant is languishing in jail since 21.01.2016 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Chandrapal @ Chanda, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 31.7.2019 AK Pandey