Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11939 of 2016 Applicant :- Danish Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar,Amit Kumar,Uday Bhan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Counter affidavit filed in Court today, is taken on record.
Heard learned counsel for the applicant and Sri. A.K. Singh, learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No.42/2016 under Sections 302, 120B IPC police station Sikandarabad, District Bulandshahar with the prayer to enlarge the applicant on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has not been named in the FIR and he has been falsely implicated in the present case solely on the basis of the statement of one Hari Om who has been examined before the trial court and he has not supported the case of the prosecution; there is no direct or indirect evidence against the applicant to show any active participation of the applicant in the alleged crime; the applicant is in jail since 4.2.2016 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail, however, they have not disputed the aforesaid facts.
It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Danish involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant 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 the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 6.9.2018 Anand