Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38687 of 2018 Applicant :- Gris Chandra Opposite Party :- State Of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.,Sant Ram Sharma With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38744 of 2018 Applicant :- Pyare Lal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.,Sant Ram Sharma With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41586 of 2018 Applicant :- Preetam Arakh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shivakant & Sri Kameshwar Singh, learned counsels for the applicant, Sri ,Sant Ram Sharma, learned counsel for the informant, learned A.G.A. for the State and perused the record.
Since the above said three bail applications filed by the applicants arise out of the same crime number, being Crime No.223 of 2017, under Section 302 IPC, Police Station Bisanda, District Banda, with the prayer to release them on bail, hence these three bail applications are being disposed of by this common order.
Submission of learned counsel for the applicants is that the applicants have been falsely implicated in this case on the basis of suspicion. It is argued that they were not named in the first information report which was lodged by the brother of the deceased. Thereafter, the sister of the deceased Mithlesh Dwivedi introduced the names of four other accused persons, then the statement of the first informant Ashok Kumar Dwivedi, who had lodged the report now stated that the applicants have murdered the deceased. Learned counsel for the applicants has submitted that the prosecution is not sure as to who is the actual culprit and now it is stated that the applicant Gris Chandra has very strong motive to commit the murder of the deceased and she was having illicit relations with the wife of the deceased. Learned counsel states that practically it is a case of no evidence. Lastly, it is submitted that the applicants - Gris Chandra who is languishing in jail since 18.3.2018, Pyare Lal Yadav, in jail since 26.4.2018 and applicant Preetam Arakh in jail since 2.5.2018, having no criminal antecedents to their credit, deserve to be released on bail.
Per contra, learned counsel for the informant as well as learned AGA vehemently opposed the bail prayer and submitted that there was strong motive for the applicants to have participated in the murder of the deceased. Therefore, the applicants are not entitled to be released on bail.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicants are entitled to be released on bail.
Let applicants Gris Chandra, Pyare Lal Yadav & Preetam Arakh, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-
(1) The applicants shall not tamper with the prosecution evidence;
(2) The applicants shall not pressurize the prosecution witnesses;
(3) The applicants shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicants.
Order Date :- 30.10.2018 Hasnain