Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4125 of 2019 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Dinesh Kumar seeking bail in Case Crime No. 56 of 2018, under Sections 147, 302, 201, 120-B IPC, Police Station Quarsi, District Aligarh.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that applicant is not named in the FIR and no recovery whatsoever has been made from his possession or on his pointing out.
Learned counsel for the applicant has next submitted that after five months of the incident, Omveer Singh moved an application to SHO with the allegations that he identified the dead body with photos and clothes of the deceased, as of his son Suraj, who had a quarrel with Dharamveer, Dinesh, Omveer, Harendra, Harish Chandra, Lakhan, Dinesh, Shiva, Gopal etc and after a period of six months, statement of co-accused Shiva was recorded, who claiming himself to be friend of Suraj deceased, stated that deceased was having deep relations with Meera, the sister of co-accused Dinesh and had also established physical relations with Sunita, wife of Dinesh. It is further alleged that upon catching hold of hands of Suraj by Dinesh and legs by Shreepal, he slitted the throat of deceased.
Learned counsel for the applicant has next submitted that similarly placed co-accused Shreepal has already been granted bail by this Court in Criminal Misc. Bail Application No. 49176 of 2018 vide order dated 02.01.2019.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 06.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicant has no criminal history to his credit and he is in jail since 06.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Dinesh Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 Nadim