Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53098 of 2021 Applicant :- Gaya Prasad Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Mani Upadhyay,Sarvjeet Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sarvjeet Kumar, learned counsel for the applicant; Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Gaya Prasad with a prayer to release him on bail in Case Crime No. - 0342 of 2021, under Sections - 302 I.P.C., Police Station - Parashurampur, District - Basti, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 30.8.2021, the applicant is in confinement since 31.8.2021.
(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.
(iii) the applicant has no criminal history.
(iv) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial.
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the FIR allegations are plainly false; the first informant could not support his claim of being the eye witness, during investigation; referring to the statement of the first informant it has been pointed out that the dead body was lying at the Primary Health Centre; it may have been brought there by the villagers; then referring to the recovery, it has been submitted that a wholly fake recovery is shown from a public place as may never support the prosecution story.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 24.12.2021 Faraz