Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45066 of 2018 Applicant :- Devendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Ashutosh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against unknown persons alleging that on 17.8.2018 they looted Rs.20,000/- of Shivani and killed her after rape. Subsequently, the name of Anil was surfaced in the statement of Kamlesh, daughter of the deceased alleging that some quarrel was done between Anil and Sunita, wife of Anil. Subsequently, on 24.8.2018 the statement of Anil was recorded and he stated that on the date of incident, he had seen the applicant in suspicion position.
Learned counsel for the applicant submitted that applicant is languishing in jail since 24.8.2018 (more than three months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; he is not named in the F.I.R.; only allegation made in the statement of Anil against the applicant is he had seen the applicant in suspicion position; there is no eye witness account; there is no legal evidence against the applicant; no firearm injury was found on the body of the injured; only four injuries- contusions and abrasions were found on the body of the deceased; there is no independent witness 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 applicant has no criminal history.
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 Devendra involved in Case Crime No. 211 of 2018, under Section 302 IPC, Police Station-Jaitipura, District- Shahjahanpur 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 :- 29.11.2018 OP