Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7395 of 2018 Applicant :- Chhotey @ Shivshanker Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhupendra Kuamr Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel Sri Ram Bahadur Singh is present and has filed vakalatnama, the same is taken on record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 617 of 2017 under Sections 302, 120B I.P.C., Police Station Berkhera, District Pilibhit, during the pendency of trial.
As per FIR, the prosecution's case is that on 7.10.2017 in the night the first informant received information that Komil Prasad (deceased) had been assaulted by unknown assailants and in the said occurrence, he died.
Learned counsel for the applicant contends that the accused- applicant has been falsely implicated. There is no evidence on record to establish that the accused-applicant is responsible for the murder of the deceased. Applicant has no previous criminal history. The applicant is languishing in jail since 9.10.2017. If he is released on bail, he would not misuse the liberty.
Learned counsel for the complainant Sri Ram Bahadur Singh has opposed the bail and in rebuttal stated that there is evidence of last seen because Bhagwan Das had seen the present accused-applicant coming out from the house of the deceased on 7.10.2017 between 8:00 pm to 9:00 pm.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
Looking to the fact that the accused is not named in the FIR, no incriminating evidence other than that of the last seen has been pointed out by the learned counsel for the complainant, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Chhotey @ Shivshanker involved in aforesaid crime 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 :- 28.2.2018 A.P. Pandey