Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15945 of 2018 Applicant :- Chhota @ Suhel Opposite Party :- State Of U.P.
Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against four unknown persons alleging that on 02.02.2017 they robed the godown of complainant and shot fire on Abhishek Soni @ Sonty, he received firearm injuries, resultantly died; after one month of the incident on 03.03.2017 secret informer (mukhbir) stated that this incident was done by Sushil Kumar Verma, Kasif @ Cheeta and Miwa Sharma @ Gyan Chandra Sharma and two unknown persons; after investigation on the basis of statement of mukhbir charge-sheet was submitted against Kasif @ Cheeta, Suhel @ Chhota and Miwa Sharma.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case by the Police to show his good work only; there is no independent witness against the applicant; there is no evidence against the applicant except the statement of secret informer(mukhbir); there is no recovery on the pointing out of this accused; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 16.05.2017 (more than eleven months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 Chhota @ Suhel involved in the Case Crime No. 94 of 2017, under Sections 396, 307, 34 I.P.C., P.S. Brahmpuri, District Meerut be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 30.4.2018 A. Tripathi