Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40577 of 2021 Applicant :- Golu @ Vijay Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Sharma,Vinay Kumar Counsel for Opposite Party :- G.A.,Rajan Tripathi
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Golu @ Vijay, in Case Crime No. 23 of 2021, under Section- 304 I.P.C. P.S. Gajner, District- Kanpur Dehat (Rama Bail Nagar).
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 12.4.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; first information report twas delayed with no cogent reason; occurrence was said to be of 24.1.2021 and the report was got lodged on 30.1.2021; inquest proceeding and autopsy examination was got conducted, informant was witness of same, even the, this delayed report was there; no premeditation or use of any weapon has been assigned, rather assault by hands and fists has been said; there is no eyewitness account and no motive of this occurrence is there; it is a false implication; co-accused Komal @ Langadi, with same accusation has been enlarged on bail vide order dated 22.11.2021 in Criminal Misc. Bail Application No. 40787 of 2021 by Co-ordinate Bench of this Court. Hence, bail has been prayed for.
Learned AGA as well as learned counsel for the informant has vehemently opposed, but could not oppose this fact that the applicant is of no criminal antecedent and co-accused has been enlarged on bail, as above.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Golu @ Vijay, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.12.2021 Kamarjahan