Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25139 of 2019 Applicant :- Grees Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Rinki Gupta 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 the present offence. It is further submitted that initially in the matter F.I.R. was lodged on 11.8.2017 regarding the offence said to have been committed on 10.8.2017 for the offence under Section 498-A, 304-B IPC and 3/4 D.P. Act. Later on during investigation, case was converted into the offence under Section 302 IPC on the basis of dying declaration said to have been made by the deceased during treatment. Referring to annexure-2 it is also submitted that nothing was stated by the deceased in her dying declaration to attract the offence under Section 302 IPC against the applicant. It is also submitted that if the dying declaration is taken into consideration, then also main role has been assigned to co-accused Ruby. It is also submitted that during trial fact witnesses have been examined but they have not supported the prosecution case and were declared hostile. The applicant has no criminal history. He is languishing in jail since 15.8.2017 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.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused 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 Grees Kumar involved in Case Crime No. 227 of 2017, under Section 302 IPC, P.S. Chaubiya, District - Etawah be released on bail on 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. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019/safi