Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7700 of 2019 Applicant :- Gulshan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Misra,Hanuman Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Counter affidavit filed on behalf of the State is taken on record.
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 not committed present offence. Although F.I.R. was lodged on the same day of incident, but none has seen the applicant committing the present offence. It is further submitted that applicant is the son of the deceased. Since father of the applicant was done to death by the deceased and her associates, applicant along with his younger brother was residing with his grand father and mother since childhood. Referring to the contents of the F.I.R. and evidence collected during investigation, it is further argued that entire prosecution case is based on suspicion. There is no direct evidence to connect the applicant with this matter. Recovery is false and planted and is not connected with present crime. It is further submitted that suspicion howsoever strong cannot take place of proof. No prima facie case is made out against the applicant. Applicant is languishing in jail since 29.9.2018 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.
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 Gulshan involved in Case Crime No. 516 of 2018 under Section 302 I.P.C., Police Station Tundla, District Firozabad 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.
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 breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 31.7.2019 ss