Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29712 of 2019 Applicant :- Chandu Alias Chand Banjara Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri R.K. Singh (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on 8.4.2018 (time unknown) at night Amar Singh, father of the complainant, was found dead in the field of the complainant, receiving three injuries. One was on head and due to head injury he died. During investigation, the names of Chand, Nahid, Rajik, Faijan and Irfan were disclosed in the statement of Afsana, mother of co-accused Nahid and Rajik.
Learned counsel for the applicant submitted that applicant has been falsely implicated in this case and is languishing in jail since 23.12.2018 (seven months) having no previous criminal history. Three cases were roped later on, which have been explained in para-15 of the bail application. General role has been assigned against all persons. Only one injury was found on the head of the deceased. It is not clear who is author of that injury. The incident is of night and in the field outside the village. The applicant has been falsely implicated on the basis of suspicion only. There is no recovery at the pointing out of the applicant. There is no independent witness/eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has explained the criminal history properly.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Chandu Alias Chand Banjara involved in Case Crime No. 158 of 2018, under Section 302 IPC, Police Station-
Aurangabad, District- Bulandshahar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 25.7.2019 OP