Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16960 of 2019 Applicant :- Gulshan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit filed by learned AGA is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 130 of 2018 under Section 302 and 328 of IPC, Police Station Khurja Dehat, District Bulandshahar with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case merely on the ground of suspicion; that the alleged incident is of 27.12.2017 but FIR was lodged after five months on 23.5.2018 and no explanation has been shown for long delay in lodging the FIR; that there is no eye witness of the alleged incident; that the applicant has no motive to kill the deceased children and that co-accused Smt. Guddi has already been granted bail by this Court vide order dated 13.3.2019 in Criminal Misc. Bail Application No. 10745 of 2019 and role of the applicant-accused is similar to her. It is further argued that the applicant is in jail since 21.12.2018 and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is named in the FIR, however, it has not been disputed that similarly placed co-accused Smt. Guddi has been granted bail by this Court.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Gulshan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant 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.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.5.2019 Mohit Kushwaha