Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8899 of 2019 Applicant :- Ishu Opposite Party :- State Of U.P. Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Ms. Ruchi Gupta and Sri Rajesh Kumar Tiwari, learned counsel on behalf of first informant is taken on record.
Heard learned counsel for the applicant, learned counsel on behalf of first informant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 30.11.2018 at 16:21 hour( after 21 days against Danveer, Ishu and Nanhu alleging that on 9.11.2018 at 18:00 hour they called Kanhi Lal(son of complainant) and he accompanied them; on 10.11.2018 at about 10 A.M. Nanhu handed over mobile of Kanhi Lal to his father but did not tell anything about Kanhi Lal and next day when complainant asked, Danveer and Ishu answered that Kanhi Lal would return after 2-3 days. On 28.11.2018 dead body of Kanhi Lal was found hanging with Neem tree. According to postmortem report, cause of death was found asphyxia due to strangulation. During investigation, it was found that there was illicit relationship between deceased and sister of Ishu and it was the reason behind the incident.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 21.12.2018(more than two months) having no criminal history. He has been falsely implicated. There is no legal evidence against the applicant except last seen before 21 days. There is no recovery. FIR was lodged after thought and with legal consultation on the basis of suspicion and previous enmity. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Ishu involved in Case Crime No.0746 of 2018, under Section 302, 504, 506 IPC, Police Station Civil Lines, District Budaun 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 :- 28.2.2019 P.P.