Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44859 of 2020 Applicant :- Jishan Opposite Party :- State of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.,Sunil Vashisth
Hon'ble Pradeep Kumar Srivastava,J.
Learned counsel for the applicant prays for and is permitted to correct the date of detention in jail of the applicant in the memo of application only, during the course of the day.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Jishan with a prayer to enlarge him on bail in Case Crime No. 210 of 2020, under Section 302 I.P.C., Police Station Mawana, District Meerut.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. Submission is that the police after investigation has already submitted charge sheet against the applicant, hence, there is no possibility of accused influencing the investigation. It has further been submitted that as per story made in the first information report, there was some quarrel between the parties and thereafter, the deceased was missing and on the next day, his dead body was found. Subsequently after five days the accused-applicant was arrested and his confessional statement was recorded and on his pointing out a knife was recorded. Except his confessions statement, which made made before the police, there is no evidence on record on the basis of which the applicant could have been implicated. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 31.05.2020, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has already filed charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.1.2021 sailesh