Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43041 of 2018 Applicant :- Harendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Satish Solanki Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against two named accused persons, namely Kaushal Kumar Gupta, S.S.O. Mahesh and one unknown person alleging that on 29.8.2018 due to supply of electric in wire deceased Arvind Sharma was died by electric shock while he was doing electric work at that time. Subsequently, complainant filed an application stating that S.S.O. Mahesh Chandra and Harendra Singh have done the supply of electric at the time of incident.
Learned counsel for the applicant submitted that the applicant is languishing in jail sine 12.9.2018 (more than two months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case after ten days of the incident and on the basis of enmity and due to enmity after thought and with due legal consultation, the application was moved without explaining the delay. The deceased was died unfortunately due to accident only and there was no intention or motive to kill the deceased; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Harendra Singh involved in Case Crime No. 361 of 2018, under Section 304 IPC, Police Station-Mursan Kotwali, District-Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 court below shall be at liberty to cancel the bail.
Order Date :- 26.11.2018 OP