Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40532 of 2018 Applicant :- Indrasan Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Shahnawaz Khan Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri B. R. Sharma, learned counsel for the complainant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 177 of 2018, under Sections 302, 201 IPC, P.S. Nautanwa, District Maharajganj.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; a person went missing on 3.3.2018 with regard to which a missing report was lodged on the same day; thereafter body was found on 5.7.2018 and the postmortem was done and thereafter the FIR was lodged by the brother of the deceased, however, in the said FIR applicant was not named; subsequently after a period of two months in the second statement of first informant the applicant has been named solely on the basis of suspicion; there is no recovery from the applicant; there is no last seen evidence; there is no direct evidence against the applicant which may show the participation of the applicant in the alleged crime; in case the first informant had seen the applicant with the deceased then as to why he kept mum for a period of two months. The accused applicant is in jail since 2.9.2018 with no criminal history and in case he is released on bail, he will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Indrasan involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 26.10.2018 Kuldeep