Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48732 of 2018 Applicant :- Goga Kapoor Opposite Party :- State Of U.P. Counsel for Applicant :- Ch. Dil Nisar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed present offence. He is not named in the F.I.R. nor was involved in this case. Referring to the contents of the F.I.R. lodged on 24.4.2018 by the informant Gulab Singh, it is further submitted that if the facts mentioned in the F.I.R. are taken into consideration, then it is purely a case of accident and due to that reason initially F.I.R. was lodged in this matter only for the offence under Sections 279, 338, 304-A and 427 IPC. It is next contended that for the first time, on 6.5.2018, informant roped the applicant in this case. Nothing was disclosed at initial stage in the F.I.R. about the involvement of applicant nor to the police concerned. Referring to the statement of another witness Athar Pal, who has also named the applicant in committing the offence, it is further argued that this witness did not disclose the name of applicant and kept mum till 22.5.2018. Apart to this, referring to the statement of informant and witness Athar Pal, it is next argued that they did not deny that accident took place due to collision between motorcycle and truck in question. Thus, alluding to the entire facts and circumstances of the case, it is further argued that no prima facie case is made out against the applicant for the offence under Sections 302, 307 IPC. Moreover, injured also did not disclose the name of the applicant at initial stage. Lastly, it is submitted that criminal history shown against the applicant has been properly explained in the bail application. Applicant is languishing in jail since 18.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Goga Kapoor involved in Case Crime No. 286 of 2018 under Sections 302, 307, 427, 120-B I.P.C., P.S.
Kotwali Shamli, District Shamli be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 19.12.2018
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